Allowed

Pindi Suresh v. The State of Telangana

Telangana HC13 Mar 2024WP/5950/2024

Case brief

AI extract

What is this about?

This writ petition challenged repeated summonses and confinement of the petitioner under bailable offences without issuing prior notice, violating Section 41-A Cr.P.C and Arnesh Kumar guidelines. The High Court directed the police to issue prior notices for future summonses.

What did the court decide?

Directed Respondent No. 2 not to summon the petitioner without issuing notice specifying date and time under Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

Pindi Suresh Vs The State of Telangana — Bail and Remand | Telangana HC (2024)

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[32e6 ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE THIRTEENTH DAY OF^MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^{C.V. BHASKARREDDY}

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WRIT PETITION NO: 5950 OF 2024

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Between:

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Pindi Suresh, S/o. llaiah Aged^{about31 Years, Occ. BusinessF/o.H.No 30-} 98, Mandamarri Village and^{Mandal, Mancherial Dtstrict.}

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...pETlTlONER

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AND

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The State of Telangana,^{Rep. by its Principal Secretary, Department of Home,} Secretariat, Hyderabad.

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The Station H6use Officer,^{Husnabad lvlandal' SiddipetDistrict.}

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Mr. Yadagiri, Presently^{working as Head Constable ln Husnabad Police} Station, Siddipet District.

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Mr. E.(iran, Presently working^{as lnspector of Police Husnabad PS, Siddipet} District.

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The Commissioner of^{Police, Siddipet Dislrict}

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...RESPONDENTS

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Petition under Article²²⁶ oI^{the constitution of lndia prayingthat in the} circumstances stated in^{the affidavit filed therewith,the High Court may be} pleased to issue an appropriate writ, order or^{Direction, more particularly onein} the nature of Writ of lvlandamus^{declaringthe actionof the RespondentNos 2, 3} and 4 herein subjecting the^{petitioner and Petitioner brother-in-lawmental and} physical harassment in connection with crime^{No.3212O24 of PS Husnabad,} siddipet District, for the offences^{U/sec.420 IPC and Sec.19 of SeedsAct and} without following the statutory^{provisions under 41-A of cr.P.c and Arnesh Kumar} Judgment as being illegal, arbitrary and^{violative of Articles.14, 21 o'f lhe} constitution of lndia and consequentially^{direct the Respondent No.S hereinto} conduct a departmental enquiry^{for violating the statutory provisions under41-A of} Cr.P.C and Arnesh Kumar Judgment^{and submit the reportbeforethis Hon'ble} court and based on that award^{an appropriate compensation to the petitioner and} brother in law.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^petition, the High^{Court may be pleased to direct} the Respondent No.5 herein to conduct departmental^{enquiry against the} Respondent Nos.3 and 4 for violating the statutory^{provision under 41-Aof Cr.P.C} and Arnesh Kumar Judgment and violation of Article²¹ of^{the Constitutionof lndia} and submit the report before this Hon'ble Court,^{pending disposalof the above} Writ Petition.

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lA NO: 2 OF 2024

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Petition under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court may be^{pleased to direct} the Respondent Nos.2 and 4 herein to follow the statutory^provision under^{41-A of} Cr.P.C and Arnesh Kumar Judgment,^pending disposal of the above Writ^Petition.

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Counsel for the Petitioner: M/s VEROSE SANJANA TMP Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE^{SRI WSTICE C.V.BHASKAR REDDY}

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WRIT PETITION^No.595O of 2024

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ORDER:

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This Writ^{Petition, under Article 226 ofthe} Constitution^{of India, is filed seekingto declarethe action} of respondent^{Nos.2 to 4 herein in harassing the petitioner} and his brother-in-law^{both physicallyand mentally in} connection^{Crime No.32 of2024 ofHusnabadPolice} Station, Siddipet^{District,registered for theoffence} punishable under^{Section 42O IPC and Section 19 of the} Seeds Act, 1966^{(for short, 'the Act, 1966')and without} following the statutory^{provisions underSection4 1-A of} Cr.P.C, and the^{guidelinesissued by the Honble Apex} Court in Arnesh^{Kumar v. State of Bihart as arbitrar5r} and illegal.

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Heard learned counsel for the petitioner, learned Assistant Government^Pleader for^{Home appearing} for respondents and^{perusedthe record.}

'zor.c1a1 scc zz:

CVBR,J wp_5950_2024

The case of the petitioner is that he is arrayed as accused No.1 in the aforesaid crime. It is further case of the petitioner that the punishment prescribed for the offences a-lleged against him is below seven years and the respondent-police instead of following the procedure as contemplated under Section 41_A of Cr.p.C. and the guidelines issued by the Hon,ble Supreme Court in Arnesh Kumar's case (supra|, frequently summoning the petitioner to police station and confining him for hours together. It is further case of the petitioner that the respondent-police have not furnished copy of First Information Report lodged against him.

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Learned Assistant Government pleader for Home does not dispute that the petitioner is arrayed as accused No.1 in Crime No.32 of 2024, d.ated.23.02.2024, registered for the offence under Section 42O IpC and Section 19 of the Act, 1966 and the said offences are punishable below seven years.

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In view of said circumstances, this Court deems it appropriEL* to dispose of the writ petition directing

CVBR,] wP_5950 2024

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respondent^{No.2 not to summon the petitioner to police} station and^{confinehim for hours togetherwithout issuing} aly notice as required^{under Section4 1-A of Cr.P. C and} without following the^{guidelines issuedby the Honble Apex} Court in Arnesh^{Kumaf's case (supra)as the punishment} prescribed for offences alleged^{againsthim is below seven} years. In the event the^{presenceof petitioner is required} for the purpose of investigation^{in Crime No.32of 2024,} dated 23.02.2024, respondent^{No.2 is directed to issue} notice specifying the^{date and time to enable him to} cooperate with the Investigating^{Ofhcer in concluding the} investigation in the^{a-foresaidcrime'}