Surender Kumar Jain v. Department, Secretariat, Hyderabad
Case at a glance
Provisions considered
- Constitution of India art. 226
- Indian Penal Code, 1860 s. 382
Judgment
Cause title
1 The Station House Officer, Musheerabad Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. 3 The District Collector, Hyderabad District at Hyderabad. 4 The Director General of Police, Govt. of A.P., Hyderabad. 5 The Govt. of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 6 Sri Pratap, Sub-Inspector of Police, Musheerabad Police Station, Hyderabad. 7 Sri Sattar, D.S.I., Musheerabad Police Station, Hyderabad. .....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to For the reasons stated in the "Telegram" dated 18-01-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) illegal detention of the Petitioner herein by the police of Musheerabad from 10.30 hrs on 16.01.2008 till 23.00 hrs on 17.01.2008; (ii) demand of four tolas of gold; failing which threatening to foist a false case against him; and this Hon'ble Court may be the concerned pleased authorities to stop harassment of the Petitioner herein and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. to pass appropriate orders directing Counsel for the Petitioner: TELEGRAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following :
ORDER:
(Per Sri B. Prakash Rao, J) This is a taken up case under Article 226 of the Constitution of India in pursuance of telegram dated 18-1-2008 issued by the petitioner herein inter alia stating that for the last one week the Sub- Inspector of Police, Musheerabad Police Station, is visiting his shop and demanding him to surrender before the Court with four tulas of gold of which theft was committed by one Raju Mahesh who was in illegal detention for the last 15 days. After notice and in reply thereto, in the counter affidavit sworn to by Sri V. Syam Babu, Inspector of Police, Musheerabad Police Station, he is stated that in the confessional statement of the accused, he is stated to have sold booty i.e., ½ gold chain weighing about ½ tola, concerning Crime No. 19 of 2008 for the offence under Section 382 IPC, to the petitioner herein at his shop for Rs.2,500/- and also 3 ½ tolas gold chain to M/s. Padmavathi Pawn Brokers and Jewelers, Ramanthapur and therefore, it is stated that in pursuance of investigation of the said crime, the petitioner was called to the police station and the accusation as to the illegal detention was also denied. Having regard to the facts and circumstances of the case, we do not find any merit in the writ petition. It is accordingly dismissed. B. PRAKASH RAO, J L. NARASIMHA REDDY, J 25-02-2008 ..... REGISTRAR // TRUE COPY // To SECTION OFFICER 1 The Station House Officer, Musheerabad Police Station, Hyderabad. 2 The Commissioner of Police, Hyderabad City, Hyderabad. 3 The District Collector, Hyderabad District at Hyderabad. 4 The Director General of Police, Govt. of A.P., Hyderabad. 5 The Govt. of A.P., Rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 6 Two CCs to the Advocate General (OUT). 7 Two CD copies.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Indian Penal Code, 1860 — s. 382.
Which court decided this case, and when?
Andhra Pradesh High Court, on 18 Jan 2008. The bench was B PRAKASH RAO, L NARASIMHA REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.