THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.3826 OF 2022
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:
"... to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the high handed and arbitrary action of the 4th respondent in interfering with the personal liberty of the petitioner by everyday calling the petitioner to the Police Station without there being any crime registered against petitioner at the instance of 5th respondent complaint dated 22.12.2021, in spite of that the same complaint was disposed by the 4th respondent on the ground that it is civil in nature, again calling the petitioner to the police station and making them to sit hours together as being illegal, arbitrary and is in violation of Article 21 of the Constitution of India even without following the law declared by the Hon'ble Supreme Court as being illegal, arbitrary and is in violation of Article 21 of the Constitution of India and consequently pleased to direct 4th respondent to follow the guidelines issued by the Hon'ble Supreme Court in the judgment of Arnesh Kumar Vs. State of Bihar if the crime registered against petitioner and pass such other order or orders..."
2. Heard both sides. Perused the record.
3. Learned counsel for the petitioner would submit that on 22.12.2021, the respondent No.5 lodged a complaint against the petitioner. After completion of investigation, respondent No.4 closed the said complaint by referring it as civil in nature. Even then, the respondent police are harassing the petitioner. 2
4. The said submissions are made on oath. Those cannot be ruled out. In view of these circumstances, without there being any breach of law/commission of offence, the police concerned shall not cause any interference with the life and liberty of the petitioner.
5. Accordingly, the Writ Petition is disposed of.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
____________________ Dr. SHAMEEM AKTHER, J Date: 27.01.2022 ssp