✦ High Court of India · 21 Mar 2025

Mr. Mohammad Tariq llahi v. The State of Telangana

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Bench
Not available
Length
1,154 words

Mr. Adhi Pragna, S/o: Adhi Saianna, Age.35 years, Occupation. LT Employee, Ri/o Jyothi Nagar, Opp. St. Marys High School, Jangaon. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the #idavit filed therewith, the High Court may be pleased to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mardamus, declaring the actions of the Respondents in proceeding with high-handed, arbitrary, and unilateral measures, not considering the petitioner Complaint dated 13.03.2025. and restraining the respondents, particularly the fourth and fifth responden(s, from harassing the petitioner' interfering with his personal liberty, or laking any coercive alarm against him without following due process of law, as being violative of Articles l4 and 2'1 of the Constitution of lndia, and further direct the Respondents to desist from harassing the Petitioners by summoning them to the police station under the guise of investigation, without adhering to the due process of law. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pleased to direct the Respondents not to summon and harass the Petitioners to the police station in the garb of investigation without following due process of law. Counsel for the Petitioner: SRI KODARI MALLIKARJUN Counsel for the Respondent Nos.1 to 4: SRI G. ANIKETH REDDY, AGP FOR HOME Counsel for the ResPondent No.S:-- The Court made the following: ORDER t ORDER: THE HON'BLE SRI JUSTICE T. VINOD KUMAR - Writ Petition No.8662 of 2025 - l-leard harned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Phader for Home appearing for rcspoMent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Hition at the admission stage and the nature of /s invohed, this Court is of the view that notice to unofficial respondent No,s is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that though he had approached the respondents-authorities and lodged a complaint on

13.03.2025. no action is taken thereon and on the other hand, the respondents are calling the petitioner to the 4h respondent police station and harassing him, even though he is not arrayed as accused in the alleged case registered, videCrime l{o.105 of 2025 dt.01.03.2025 and are coercing the petitioner to settle the issues with the 5h respondent, which action of the respondents it is contended is highly iltegal and arbitrary. 2 *il 4, Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 submib that a case, rile Crime No.642 of 2024 has been registered by the respondents-authorities against one Abdul Raheem Sultan Raja and during the course of investigation into the aforesaid crime, the authorities have found that the vehicle bearing registration No.TS 27 E 0786 is registered in the name of the accused in the aforesaid crime, which is in the custody of the petitioner herein.

5. Learned Assistant Government Pleader further submits that since the authorities have found the subject vehicle belonging to the accused in the aforesaid crime to be in the custody of the petitioner, the authorities have issued notice on 12.03.2025 calling upon him to deposit the aforesaid vehicle with the 4th respondent authority and the petitioner as of date did not comply with the aforesaid direction issued by the authorities.

6. Learned Assistant Government Pleader further submits that except investigating into the aforesaid crime, the authorities are not harassing the petitioner in any manner.

7. Insofar as the claim of the petitioner of his complaint dt.13.03.2025, is not being acted upon, learned Assistant Government Pleader submits that the authorities on receiving the aforesaid complaint have mady GD entry on 17.03.2025, and in the meantime, the petitioner \ t 3 has approached this court claiming that the respondents-authorities are harassing him without there being a case registered against him'

8. I have taken note of the respective contentions urged'

9. Though the petitioner claims that he having introduced Abdul Raheem Sultan Raja to the 5s respondent out of acqmintance with him and is no way connected or concerned with the crime registered against the said person, admittedly, the subject veh'rcb which was directed to be produced by the respondeflts-authorities under the notice dt'12'03'2025 is in the custody of the petitioner though belonging to the said accused' Since the respondents-authorities claim the subject vehicle to have been purchased out of the proceeds of crime, the authorities have power to take steps to seize the aforesaid vehicle, and accordingly, have issued notlce dt.12.03.2025.

10. Insofar as the claim of the petitioner of his veh'rcle being taken away forcibly by the 5h respondent by trespassirE into hh property in his absence, since the respondents-authorities have made a GD ertry of the complaint made by the petitioner, this Court is of the view that the authorities are to be directed to take necessary action on the complaint made by the petitioner.

11. Further, the respondents-authorities are also directed to in\€stigate into the role of petitioner in the crime registered against Abdul Raheem 4 t. Sultan Raja, vide Crime Nos.642 of 2024 and 105 of 2025 dt.01.03.2025, strictly, in accordance with law.

12. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

13. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. /,TRUE COPY// SD/.L.LAKSHt''I DEPUTY REGI U SECTION OFFICER To, of Telangana'

1. The Principal Secretary (Home) Secretariat Buildings at Hyderabad The State 2. The Director General of Police, Telangana State Lakdikapul' Hyderabad' 3. The Commissioner of Police, Warangal City' Warangal' 4. Station House fficer, P'S Jangoan town and District 5. One CC to Sri Kodari Mallikarjun' Advocate [OPUC] 6.TwoCCstoGPforHome,HighCourtforthestateofTelangana'at M Hyderabad [OUT]

7. Two CD CoPies TJ LS HIGH COURT DATED:21 10312025 ORDER WP.No.8662 of 2025 t 1HE !i Trr, " Y j.!- \ l;1,) * 2 ri Apfr ?tfl5 7 ] * l .l' D 6 spar eB69 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v( \u) f \D ,1

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