Disposed

Velagapudi Srinivas v. The State of Telangana

Telangana HC12 Mar 2024WP/6408/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging frequent summoning to the police station by the respondent police. The Court observed that investigation was completed and a charge sheet was filed, directing the police not to summon the petitioners further.

What did the court decide?

Directed respondent No. 2 not to summon petitioners to the police station as investigation is complete; follow due procedure if presence is required in the future.

Velagapudi Srinivas Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 6408 OF 2024

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Between:

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Velagapudi Srinivas, S/o. V. Udayachandra Rao, Aged about 68 Years, Occ. Business Office at Flat No. 202, Reliance Cyber Villa, lmage Hospital Road, Madhapur, Hyderabad. .

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Velagapudi Raghu Teja, S/o. Velagapudi Srinivas, Aged about 36 Years. Occ. Business Office at Flat No. 202, Reliance Cyber Villa, lmage Hospital

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. Road, Ivladhapur, Hyderabad.

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...PETITIONERS

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AND

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1 The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad-

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2 The Station House Officer, Gachibowli Police Station Gachibowli, Cyberabad Hyderabad.

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Tagore Prasad Moturi, S/o. Chandrashekar Rao, Aged about 40 Years, Occ. Business R/o. Gachibowli, Serilingampally Mandal, Ranga Reddy District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lridia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent herein in calling the petitioners herein to the police station frequently even though the petitioners herein submitted an explanation dated 2211 112023 to the notice dated 2011112023 under section 41-A of the Criminal Procedure Code 1908 in connection wrth crime No.^'1239 of 2O23 is being illegal, arbitrary, unreasonable and violative of Article 14 and 21 of the Constitution of lndia and contrary to the provisions conten'lplated under the Court of Criminal Procedure and contrary to the guidelines formulated by the Hon'ble Supreme Court in Aarnesh Kumar Vs State

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of Bihar and also contrary to the orders passed by this Hon,bre court in crr p No. 10824 of 2023 ancl consequen y direct the 2,,d respondent herein not to call / interfere the petitioners to the porice station and not to interfere into the petitioners daily activities.

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IA NO: 1 0F 2024

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Petition uncier Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the 2'd respondent herein not to ca, the petitioners herein to the porice station frequently and not to interfere into the petitioners daily activities rn connection with Cr No_ 1239 of 2023, pending dtsposal of the above writ petition.

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Counsel for the petitioners: SRI KOppULA GOPAL

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Counsel for the Respondent Nos.1 and 2: Gp FOR HOME

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Counsel for the Respondent No.3: NONE APPEARED

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The Court made the following: ORDER

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HON'BLE SRI WSTICE C.V. BHASKAR REDDY WRIT PETITION No.64O8 of 2024

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ORDER:

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This writ petition is filed seeking the following relief:-

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"...to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2"d respondent herein in calling the pctitioners herein to the police station frequently even though the petitioners herein submitted an explanation dated 22 / | | /2023 to the notice d.ated 20 I ll /2O23 under section 4IA of the Criminal Procedure Code I9O8 in connection wrth Crime No. 1239 of 2023 is being illegal arbitrary unreasonable and violative of Article l4 and 21 of the Constitution of India and contrarJr to the provisions contemplated under the Court of Criminal Procedure and contrary to the guidelines formulated by the Honourable Supreme Court in Aarnesh Kumar Vs State of Bihar and also contrary to the orders passed by this Honourable Court in Crl.P.No.1O824 of 2023 and consequently direct the 2"d respondent herein not to call/interfere the petitioners to the police station and not to interfere into the petitioners daily activities and pass..."

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The petitioners are accused in Crime No.1239 of 2023 registered for the offences under Sections 406, 42O and 5O6 I.P.C and the respondents-Police have issued a notice as '.-. J,equired under Section 41-A of Cr.P.C. on 20.11.2023 and

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CVI]R, J wp 6408_2024

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the petitioners have submitted explanation to the said notice on 22.11.2023. The grievance of the petitioners in this writ petitiorr is that even after submitting explanation to the said notice, the respondents-police ar-e frequently summoning them to the Police Station on one pretext or the other and confining them for hours together.

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Learned Assistant Government pleader for Home appearing for rcspondent Nos. 1 and 2, on instructions, would submit that after receipt of petitioner,s explanation, the respondents-Police have concluded the investigation and hled charge sheet before the Court concerned on 22.O2 .2024 and thereafter, the petitioners were not summoned to the Police Station for the purpose of enquiry or investigation.

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As the presence of the petitioners is not required, in view of completion of the investigation, respondent No.2 is directed not to summon the petitioners to the police Station and if the presence of the petitioners is required in any

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CVBR, J wp 614.OS-2024

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case, he shall follow the due procedure as contemplated

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