Shaik Shareef Uddin v. The State of Telangana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-04. Shaik Shareef Uddin v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
I I I t 32s6I l HIGH COURT FOR THE STATE OF TELANGANA I I AT HYDERABAD i (Special Original Jurisdiction) i THURSDAY, THE FOURTH DAY OF JANUARY , TWO THOUSAND AND TWENTY FOUR PRESENT i TI1E HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 21631 OF 2023 Between: i Shaik Shareef Uddin, S/o. Shaik lmam Uddin, Aqed about 41 vears Occ. Business, R. o H-M:52l920, Asbestos Colony,- papi Reddy N-agar, Kukatpally, Hyderabad,Telangana-500037. .. ,PETITIONER AND l 1. The State of Telangana, Rep by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad, State of Telangana. : 2. The Director General of Police, Lakdikapul Road, Red Hills, Nampally, : hyderabd,Telangana-500004. : 3. The Commissioner of Police, Old lvlumbai Hwy, Next to Care Hospital 248, : Sri. Shyam Nagar, Telecom Nagar Extension, Gachibowli, Cyberabad, Telangana 500032 4. The Assistant Commissioner of Police, Balanagar, Secunderabad Telangana -500048. 5.
The Station House Officer, Jagadgarigutta, Hyderabad Telangana -S01401. 6. Hills Colony Welfare Association, Vide Reg. No. 37137192, 4l! u$o. s Rep by. - Abdul Khayyum General Secretary, R/o. Welfare Office, Asbestos Colony, Hyderabad - 72 7. A. Nageswar Rao, S/o Gopala Krishna Age. s2yrs, Occ. President of AHCWA Vide Registration no. 37137192 R/o. 4-42-639,near Teja High School Asbestos Colony, Kukatp ally, Hyderabad-7 2 ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit faled therewith, the High Court may be pleased lo issue writ or Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions declaring the action of the 5th RespondenUSHO P. S Jagdgirigutta, in calling on 08-08-2023 at about 8.
00 PM and harassing the I Petitioner to the police station at the instance of Sth Respondent without there being any crime registered against the Petitioner and illegally detaining as illegal' arbitrary,violativeofarticle2,lofconstitutionoflndiaandagainstthePrinciplesof respondents to not to call the justice and consequently to direct the natural no 6 and 7' at the instance of Respondent Petitioner to the P. S Jagdgirigutta lA NO: 1 oF 2023 PetitionunderSectionl5lCPcprayingthatinthecircumstancesstatedin l theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect theRespondenttonottocallthepetitionerstotheP.
SJagdigirigutta,Kukatpallyat the instance of Respondent no' 6 and 7 without any crime registered against the of the above writ petition' Petitioner, pending disposal REDDY Counsel for the Petitioner: SRI A SAMIR KUMAR No'1 to 5: GP FOR HOME Counsel for the Respondent 5: NONE APPEAREO Counsel for the Respondent No'6 and ORDER The Court made the following: I i t l I : I I I t HON'BLE SRI JUSTICE C. V. BHASKAR R"EDDY WRIT PETITION No. 21631 of 2023 I ORDER: : I This writ petition is filed with the following relief:- I "... to issue Writ of Mandamus or any other appropriate Writ, Order or Orders Direction or I Directions declaring the action of the sth ! I Respondent/SHO P. S. Jagadgirigutta in calling on : O8. O8. 2O23 at about 8:OO PM and harassing the .
Petitioner to the police station at the instance of Sth Respondent without there being any crime registered against the Petitioner and illegally detaining as i , illegal, arbitrary, violative of Article 2l of i Constitution of India and against the Principles of : Natural Justice and consequently to direct the i respondents to not to call the Petitioner to the P. S. i Jagadgirigutta at the instance of Respondent Nos. 6 and 7 and pass... " 2. It is the case of the petitioner that respondent No. S, without following the due procedure, is frequently summoning him to the police station at the instance of respondent Nos. 6 and 7 and confining him for hours together which amounts to violation of his rights guaranteed under the Constitution ol lndia. It is further the case of the petitioner that respondent No.
7 has wp_2161I 2023 occupied the road and constructed huge building without obtaining necessary permission from the municipal corporation, therefore, the petitioner made number of complaints/ representations requesting the GHMC authorities to remove the illegal construction carried on by respondent No. 7. It is the further case of the petitioner that when the GHMC authorities did not take any action he was constrained to issue legal notice, dated 22. O7. 2023 requesting the GHMC and HUDA to take appropriate action in accordance with the layout approved by the HUDA for maintaining the roads. When the respondents have not taken any action, the petitioner was constrained to file a complaint to take appropriate action against the encroachers i. e. , respondent No. 6 and T. The grievance of the petitioner is that respondent No.
S instead of taking action on the complaint submitted b-y him, is frcquently summoning him to the police station, confining him for hours together and forcing him to withdraw the complaint filed against respondent Nos. 6 and 7. 3. The learned Assistant Government plcader for Home appearing for respondent Nos. 1 to 5 has submitted that . -} w'2t63t J023 acting on the complaint lodged by the petitioner, an entry was made in the General Diary, and the petitioner was I summoned to the police station for the purpose of investigation and the police has not violated the petitioner's civil rights in any manner 4. In view of the above submissions, this Court, deems it appropriate to dispose of the writ petition directing respondent No. S not to interfere with the civil rights of the petitioner in any manner and if the presence of the petitioner is required for the purpose of investigation in any case, respondent No. S is directed to follow the procedure as contemplated under law. 5.
With the above observations, the Writ Petition is disposed of. No costs. 6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. K. AMMAJI ASSISTANT FEGISTRAR //TRUE COPY// \ /. v I SECTION OFFICER To, 1. The Station House Officer, Jagadgirigutta, Hyderabad Telangana -501401. 2. One CC to Sri A. Samir Kumar Reddy, Advocate [OPUC] 3. Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT] i 4. Two CD Copies i TJ i I GJP & l, HIGH COURT DATED:04/01t2024 -t E STAI€ q 202[ o FtB 0I i o .. r n_ -r( -: ,f 'rf . l. ORDER WP. No. 21631 ot 2023 DISPOSING OF THE WRIT PETITION , WITHOUT i COSTS, I cat,, Ev
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