Maloth Balu v. 1. The State of Telangana

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 writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 6 and 7 in calling petitioner through cell phone numbers B712656819 and 87126567 94 respectively to give fictious names of alleged eight persons stated in C.C.No.370 ol 2023 on the file of 1st Additional Judicial Magistrate of First Class, Metpalli which never exist, and threatening the petitioner if he does not come to Police Station Metpalli they shall come to the petitioner with location technology and drag petitioner hand cuffed, beating mercilessly to police Station, Metpalli, as illegal, arbitrary, high handedness, null and void and consequently direct the respondents not to call the petitioner by any means to the police station, Metpalli to give the details of eight unknown persons stated in charge sheet bearing C.C.No. 3i'0 of 2023 on the file of 1st Additional Judicial Magistrate of First Class, Metpalli as it is fictious and creation of defacto complainant by name Moodu Hari Prasad lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c;ir':umstances stated in the affidavit filed in support of the petition, the High Court n,a'r' be pleased to direct the respondents not to call the petitioner by any means to the police station, Metpalli to give the details of eight unknown persons stirted in charge sheet bearing C.C.No.370 of 2023 on the file of Hon'ble 1''t Additional Judicial Magistrate of First Class, Metpalli as it is fictious and creation of defacto complainant by name Moodu Hari Prasad. Counsel for the Petitioner: SRI S. MADAN MOHAN RAO Counsel for the Respondents: GP FOR HOME The Court mide the following: ORDER THE HON'BLE SRI JUSTICE T. VTNOD KUMAR Writ Petition No.21887 of zIJ25 ORDER: Heard learned counsel for the petitioner, Iearned Government Pleader For Home appearing for respondent Nos.l to 7, 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. The case of the petitioner, in brief, is that, though the respondents- authorities, initially registered a case, vide Crime No.416 of 2022 dt.20.72.2022 against the petitioner and 8 others, are now forcing the petitioner to disclose the names of other B persons, who are arrayed as accused in the aforesaid crime, thereby, making the petitioner as a t witness against his own case, which action of the respondents-authorities it is contended as illegal, arbitrary and contrary to the provisions of Cr.P.C., as an accused cannot be a witness against co-accused.

3. Per contrT learned Government pleader for Home appearing on behalf of respondent Nos.l to 7, white denying the writ averments, would submit that based on the complaint made by Moodu Hari Frasad of he being kidnapped by petitioner along with 8 others on 18.12.2022 at 5.00 AM, the authorities have registered a case, vide Crime No.416 of ZOZ2 on

20.12.2022 and took up investigation into the same. I 2 T

4. Learned Government pleader would further submit that the respondents-authorities, after conducting investigation into the aforesaid crime registered, have filed a charge sheet before the jurisdictional Magistrate, insofar as the petitioner is concerned b,,, mentioning that separate charge sheet would be filed against the rerni)ining accused, as the said accused are at absconding till date.

5. Learned Government pleader further submits that since. the petitioner, along with B other accomplices, had comnrirted the aForesaid offence, the respondents-authorities, in order to proceecl against the other accused, have sought the details of the said persons, who are invoived in the commission of the above offence arong with the petitioner and except seeking to obtain the details oF the other co-accused in the aforesaid crime, are not forcing or coercing the petitioner to act as a witness against himself. 6 I have taken note of the respective contentions urqed.

7. It is settled position of raw that an accused cannot be forced to act as a witness against himself. Since, in Crime No.4 16 of 2022, lhe petitioner along with 8 others are arrayed ds drircuS€d and the respondents-authorities, having completed investigatiorr insofar as the involvement of the petitioner is concerned, and also having filed charge sheet before the jurisdictional Magistrate to the extent oF the petitioner 3 herein, this Cout is of the view that the respondents-authorities are to be directed not to force the petitioner to disclose the names of the other co- accused in the aforesaid crime and it is for the respondents-authorities to conduct investigation on their own to identifo the other accused, involved in the aforesaid crime and take further action by filing a separate charge sheet, as noted in the charge sheet filed before the jurisdictional Magistrate, insofar as involvement of the petitioner is concerned. B. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

9. Miscellaneous petitions, if any, pending In this writ petition shall stand closed. //TRUE COPY// D A. SRINIVASA REDDY SISTANTREGTSTRAR "/ SECTION OFFICER riat, The State of To, 1 The PrinciPal Secretary, Home DePartment, Se Telangana' Hyderabad-5ooo22. 500004

2. The Director General of Police, Lakdikapool, Hyderabad' State of Telangana- 3. The Deputy lnspector General of Police' Warangal' Warangal District-506001 4. The Superintendent of Police' Jagityal' Jagityal District-505327 5. The Deputy Superintendent of Police' Metpalli' Jagityal District-504325' 6. The Circle lnspector of Police' Metpalli' Jagityal District-504325' T.TheSubJnspectorofPolice'Metpalli,JagityalDistrict-504325. B. One CC to Sri S' Madan Mohan Rao' Advocate [OPUC] q Two CCs to GP for Home' High Court for the State of Telangana' at Hyderabad [OUTI

10.Two CD CoPies TJ LS Ek t I HIGH COURT DATED:2810712025 ORDER WP.No.21887 of 2025 -...^ ''r o'' :::--- \- .1.. \. MIiEP 2 '\.'' \-(r\ ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (A-- 2