High Court · 2025

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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No. 7 and 8, detaining the Petitioner in the 7th Respondents Police Station and the illegal search conducted by the 8th Respondent at mid night on 15.07.2017 around 2.30 a.rn., on the Petitioners home and attacking with his service revolver on the Petitiorrers and my family members by'using unparliamentary' filthy language and rttacks with guns by the Bth Respondent and his henchmen to shoot me on '6.07.2017 as illegal, arbitrary, unjust, violative of Principles of Natural Justicer, and offends the Article 14,21 of Constitution of lndia and consequentially direct the Respondent No.2 to 5 to protect the Petitioner and his family members from the illegal acts of the Respondents No. 7 and B by taking appropriate leglal action against the Respondents No.7 and B by conducting enquiry. l.A. NO: 1 OF 2:.017 (wP MP. NO: 30310 OF 2017) 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 direct the Respondent No. 2 to conduct an enquiry against the Respondents No. 7 and 8, by considering the Petitioner's representation pending final disposal of the Writ Pelition to take appropriate steps as per law, pending disposal of the writ petition. l.A. NO: 2OF:2017 (WPMP. NO :30311 OF 2017) 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 direct the 7th and 8th Respondent, not to harass the Petitioner and his family members pentling final disposal of the Writ Petition. Counsel for the Petitioner: SRI K.SANGAN NAIDU Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.2't471 OF 2017 ORDER: ThisWritPetitionisfiledunderArticle226ofConstitutionof lndia seeking the following relief: ". . .lo issue an order, directbn or a writ particulaly one in the nature Writ of Mandamus, dectaing the action of the Respondent No' 7 ,ni a, d.t ining the Petioner in the 7th Respondents Police itaiii ana the ittegal search anducted by the 8th Respondent at ii nignt on 15.07:2017 arcund 2.30 a'm', on the Pefitioners home iiia ittr"*irg with his service revolver on the Petitioner and my i"iiity ,".6"u by using unparliamentary, fitthy. language and iiai,ixs win guns'by, thi 1th'Respondent and his henchmen to on" 16.07:2017 as illegat, abitrary, uniust, viotative of ;;;i;; -piiipis of Natural Justice, aid offends the Afticle 14' 21 of Consiitution of tndia and consequentially direct the Respondent No' i to S to protect the Petitbner and his family members frcm the itigat aai of the Respondents No' 7 and I by taking appropdate 'LiJ iia, against the Respondents No' 7 and I by conducting enquiry and Pass....'"

2. Heard Mr.K.Sangan Naidu, learned counsel for the petitioner and Mr.M.Srinivas, leamed Assistant Government Pleader for Home appearing for respondents.

3.l.LearnedcounselforthepetitionerSubmitsthatthepetitioner, being aggrieved by the alleged illegal conduct and inac'tion of respondentsNo.TandS,hasapproachedthisCourt'ltiscontended that respondents No.7 and 8, in the late hours of the night' wrongfully detained the petitioner and intimidated him by brandishing a service revolver. The petitioner, therefore, submitted representations dated 20.07.2017 to respondents No.2 to 5, requesting initiation of appropriate legal and ctepartmental action against respondents No'7 2 and 8 after due enquiry. As no action was taken thereon, the present writ petiti,rn has been filed seeking appropriate directions.

3.2. Learned counsel for the petitioner further submits that the actions ccmplained of amount to a gross violation of Article 21 of the Constitut,ion of lndia, which guarantees the fundamental right to life and pers,cnal liberty. The alleged illegal detention and intimidation by armed police officials constitute an arbitrary and unconstitutional infringement of these rights. lt is therefore submitted that respondernts No.2 to 5, being superior police authorities, were duty- bound tc take prompt and appropriate action upon the petitioner's representations. Hence, intervention of this Court is sought to ensure that justk;e is done and accountability is enforced.

4. Pe: contra, learned Assistant Government pleader for Home submits that respondents No.7 and 8 have filed their @unter affidavits specifically denying all the allegations made by the petitioner'. lt is further contended that the petitioner was never illegally detained and that his presence was secured stricfly in accordance with law under Secflon 160 of the Code of Ciminal procedure, 1973 (Cr.P.C.), in connection with investigation ol Crime No.265 of 2017 registereC at Khammam Rural Police Station and Cime No.97 of _2077 reglistered at Palakurthy potice Station, Jangaon Oistrict. iie- 3 learned Government Pleader categdrically denies the allegations of intimidation or use of a service revolver as alleged'

5. He further submits that there are no specific instructions No.2 to 5 on the regarding the action taken by respondents petitioner's representation dated 20'07'2017' lt is also contended that the petitioner has not produced any corroborative or independent material to substantiate the allegations and that he has an altemative remedy available under the Code of Ciminal Procedure' which he hasfailedtoinvoke.Therefore,thewritpetition,beingdevoidof merit, is liable to be dismissed. 6 I have perused the pleadings and materials on record'

7. The petitioner's specific grievance is that on 18'06'2017' respondent No.7, accompanied by a police constable' entered the petitioner's residence, misbehaved with the petitioner and his family members, used abusive language, and forcibly took the petitioner into custody to the Khammam Rural Police Station' where he was allegedly detained from 18.06.20 17 to 26'06'2017 without following due procedure of law. The petitioner further alleges that on 15.07.2017, at around 2:30 a.m., respondent No.8 unlawfully entered his residence, brandished his service revolver' and threatened the petitioner and his family members using unparliamentary language' 4

8. Th,3 allegations levelled by the petitioner are indeed serious in nature ard warrant careful examination. Although respondents No.7 and 8, in their counter affidavits, have categorically denied the allegations, the nature of the accusations necessitates a thorough and imp'artial enquiry. lt is noted that the petitioner has filed a detailed representation dated2O.O7.2O17 before respondents No.2 to 5 seeking appropriate departmental and legal action; however, no material has been placed before this Court to show that any enquiry was conducted or any action was initiated in response thereto.

9. Hirving regard to the gravity of the allegations and the constitutional protection guaranteed under Afticle 21 of the Constittrtion of lndia, it would be appropriate and just that the petitioner's complaint be duly examined by the competent authorities. Accordingly, respondents;/police authorities, particularly respondents No.2 tc' 5, are directed to take up the petitionefs representation dated ',20.07.2017, conduct a detailed and fair enquiry into the allegati,cns made against respondents No.7 and 8, and take appropr"iate action in accordance with law. '10. S;uch enquiry shall be completed and appropriate orders passed at the earliest, preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. The outcome ofh 5 I * $ ! enquiry and the resultant action taken shall be duly communicated to the petitioner.

11. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand qlosed \ SD/. L. VIJAYA LAXMI ASSISTANT //TRUE COPYII To, ,| OFFICER +:B,i#n3."ttu'"", Home Dept-, Secretariat Buitdings, Hyderabad, State of General of Police, DGP office, saifabad, Hyderabad, state of Hrar?5?::r 2 s 3' The District Superintendent of porice, Nirmar, Nirmar District., pin _ 504106. 4' The District Superintendent of porice, Jangaon, Jangaon District_S0 6167. 5' The.,Divisionar Superintendent of porice, Bhainsa, Nirmar District., pin _ 6' House officer, porice Station, Bhainsa, Nirmar District., pin_ of porice, potice Station, Khammam Rural, Khammam or porice, chiranjeevi, porice station, parakurthy, Jansaon I1'.ir,3,Y$tnspector Iffirotj:r,"n 5i5r:.ti!-Ja?B?:tr 7 ' B'

9. One CC to SRt K.SANGAN NA|DU, Advocate tOpUCI 'o ly&r:ff.lbfi FoR HolvlE, High court ror the state or rerangana at 11.Two CD Copies BSR PVL HIGH COURT DATED: 1011012025 THE S C) ? B FIB ?t):tfr (' * ORDER WP.No.24471 of 2017 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (,pq-D$ &*" I .i ( I :: I : I , i i i I : : : I i : , I I I { , i i t I , I t I $i I t I a I I I I I