High Court · 2025

Judgment

3. The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat, Hyderabad. The Director General of Police, State of Telangana, Lakidikapul, Hyderabad. The Deputy Superintendent of Police (CIU), Anti-Corruption Bureau, Telangana, Hyderabad. ...PETITIONER ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order. or Direction, particularly in the nature of Mandamus, restraining the 3'd Respondent from harassing the petitioner any further under the guise of investigation in Crime No. 01/RCO-CIU-ACB|2O24. Further, it is prayed that the 1st and 2nd Respondents be directed to take necessary disciplinary action against the 3'd Respondent for abuse of power and violation of the fundamental rights of the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the Writ petition, the High Court may be pleased to, inter alia, pass an Direction order in favor of the petitioner and against the respondents, thereby restraining the respondents, more particularly the 3'd\Respondent, from calling the petitioner under the pretext of inquiry to appear before him, pending disposal the above said main petition. Counsel for the Petitioner: SRI D. KULASHEKHAR Counsel for the Respondent Nos.1 and 2: GP FOR HOME Counsel for the Respondent No.3: SRI T. BALAMOHAN REDDY, SC FOR ACB The Court made the following: ORDER 'I tION'BLIi SRI JLTS'I'TCI.] T. VINOI) KUMAIT WRIT I'II'I'IT ION No.7539 of 2025 ORDEII: Heard leamed counsel lor the petitioner, leamed Government Pleacler lbr Horne appearing on behalf of respon{ent Nos'1 & 2 and learned Special Public Prosecutor fbr ACB appearing on behalf o1' respondent No.3, and perused the record. With the consent of the counsel appearing for the respective parlies, the Writ Petition is taken up for hearing and disposal at admission stage.

2. The 'present Writ Petition is filed assailing the action ol respondents in particular respondent No.3 in harassing the petitioner by calling him to 3'd respondent office in the name of investigation in FIR No.01/RCO-CIU-ACB12024 registered in relation to misappropriation of a sum of Rs.2.10 crores and making the petitioner to sit in the office of the 3'd respondent from moming to evening and aiso using abusive language against the petitioner, which action of the respondents, it is contended as highly illegal, arbitrary and violation of fundamental rights of the petitioner and dignity, even though the petitioner is not arrayed as an accused in the aforesaid crime as of date. 2

3. It is the lufiher contentiorr olthe petitioner that notu. ithstanding the fact that the petitioner had appeared befbre the aulhorities on 06-03-2025 anrl provided bank statement as sought lbl in tlre aloresaid notice, the authorities have issued another notice dated t)6-03 -2025 calling upon the petitioner to appear befrire the 3'd respondent authority on l.l-03-2025 at 10.30 a.rn., despite the petitioner having already furnished the above inforn.ration.

4. Per contro, leamed Special Public Prosecutor appearing on behatf ol respondent No.3, or.r the otlier hand would submit that tl.re authorities are investigating the crirne registered on 2l-0 l-2024 under Section 13(1)(a) rlw 13(2) and Section 7(c) of the Prcvention of Corruption Act, I 988 (as amended in 2018)

5. Learned Special Public Prosecutor lurther subrrits tlrat in connectiorl with the aforesaid crime, petitioncr has lreen issued with notices uncler Section 9ll160 Cr.P.C. to provide inli:,rr.nation and the al'oresaid notices rvere issued initially in the lirst W,:ck c,l'February, 2025 and another on25-02-2025 calling upon the petitione:r to furnish statement of account.

6. Learned Special Public Prosecutor would also submit that as the petitioner lailed to appear belorc thc authorities, the authorities have 3 (.\ issued another nol.ice under Sectior.r 901160 Cr.P.C. dated 0i-03-2025 calling upon the petitioner to appear before the 3'd respondent on 06-03-2025 at 10-30 a.m. along with ICICI Bank account statement along with transaction details for the period from 0l-06-2023 to 30-06-2024 as mentioned in the aforesaid notice. 7 . Learned Special Public Prosecutor would t'urther submit that the petitioner did not appear before the authority in response to notice issued on 22-02-2025 and 25-02-2025, and only in response to the notice dated 0l-03-2025 issued under Section 9ll160 Cr.P.C., had appeared before the authorities on 06-03-2025 and furnished the statement of account maintained with ICICI Bank along with transactior.r details lbr thc period from 0 1 -06-20 23 to 3 0 -06 -2024.

8. Learned Special Public Prosecutor subrrits that the authorities on analyzing the aforesaid staternents tumished by the petitioner, have issued fresh notice on 06-01-2025 calling upon the petitioner to submit details of the individuals ri'ith mobile nutnbers who deposited/transferred more than Rs. I Lakh amount frorn and into petitioner's account.

9. Leamed Special Public Prose cutor would also subn.rit that the petitioner in order to avoid furnishing of tl're inlormation as sought for 4 under the notice dated 06-03_2025, has fited the presenl Writ petition by making rvild allegations against the respondent autrrorities of the authorities abusing the petitioner, instead of coopera",ing with the investigation. 1 0. I have taken note of respective submissions urged. I l. Though, the petitioner alleges ofhe being harassed by calling to 3'd respondent office, even though he is not arrayed as an accused in the aforesaid crinte, it is to be noted that the crime registered is still at the stage pf investigation, wherein the authorities are examining the case register.ed in relation to mrsappropriation of (iovernrnent funds relating to Animal Husbandry Department to the tuut: of Rs.2.l0 cfores.

12. Since, the respondent authorities by the notice dated 01-03-20025 had called upon the petitioner to appear before the authority on 06-03-2025 along with statement of.accounts for the period lrom 0l-06-2023 to 30_06_2024 and the petirioner having subrnitted the aforesaid statement on the said date by appearing before the authority, and thereafter the authorities having issrred another notice dated 06-03-2025 calling upon the petitioner to provide details of transactions of more than Rs.l lakh with the persons name and I I I I I s 5 mobile numbers by appearing before the said authority on 13-03-2425 i.e., tomorrow as it is claimed by the respondents that the misappropriated amounts have been routed through petitioner's acoount, this Court is of tl.re view that the petitioner should be directed to appear before the authority on the date and time mentioned in the noticei.e'on13-03-2025at10.30a.m'andfurnishtheaforesaid information under acknowledgment. Upon the petitioner fumishing the aforesaid information, the respondent authorities are directed to examine as to whether the involvement of the petitioner in the aforesaid ciime. is there or not and then take lurther actio, strictly in accordance with law.

13. Subject to above observation and direction' the Writ Petition is disposed of. No costs.

14. Consequently, miscellaneous petitions, if any pending shalt stand closed. //TRUE COPY// D/. L. VIJAYA LAXMI STANT REGISTRAR SECTION OFFICER I Telangana, HYderabad. Telangana, HYderabad. 1 . The Principal Secretary Home Department' Secretariat, The State of 2. iilDire;tor denerat of police, Srate of Telangana, Lakidikapul, Hyderabad. 3. iil; D;ilit Supeiintenoent of Police (ClU), Anti-Corruption Bureau' 4. o;; iC to' sri D. Kulashekhar, Advocate [OP-UC] d. il; cCsio e p tor Home, High Court for the State of Telangana' at o. oire-cb to sri f.'eata Mohan Reddv, SC for ACB[oPUC] 7. Two CD CoPies ,/') i - Y.IT Hyderabad [OUTI \ To, TJ LS HIGH COURT DATED:1210312025 ORDER WP.No.7539 of 2025 1t{ C SIA I€ 11 APR 2U5 (: t r)ESP/\I DISPOSING OF THE WRIT PETITION WITHOUT COSTS /7\ f r+- ,- U sF'"