THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.265 OF 2023
ORDER (ORAL):
This writ petition is field seeking to declare the action of respondent Nos.2 to 5 in interfering with life and liberty of the petitioner at the instance of respondent No.6 without following due process of law.
2. It is contended by learned counsel for the petitioner that police have threatened him with dire consequences and he was made to wait in the respondent No.3 Police Station for hours together on 08.12.2022, 09.12.2022, 12.12.2022, 19.12.2022 and 24.12.2022 from morning 10.30 am to 8.30 pm and demanded the petitioner to pay an amount of Rs.4,00,000/- as ransom for not registering any case against him and threatening to face dire consequences.
3. Basing on the written instructions dated 18.01.2023 submitted by the Sub Inspector of Police Trimulgherry Police 2 Station, learned Assistant Government Pleader submitted that F.I.R. No.103 of 2022 was registered on 14.05.2022 for the offences punishable under Sections 419, 420, 468 and 471 r/w 34 of the Indian Penal Code, 1860(for short the 'IPC') against one Mr.Repalli Rama Mohan Rao and others. During the course of investigation, as per the confessional - cum - seizure panchanama of accused Nos.1 and 2 and statements of witnesses, it is revealed that the petitioner herein had an Aadhar Enrollment Center at Saketh near Jammigadda, Kapara. The petitioner along with his staff and accused No.6 involved in illegal activities and have got created the forged documents. As such, the Investigating Officer called the petitioner for the purpose of investigation, but he did not respond. Investigation Officer served notice under Section 160/91 of the Cr.P.C. to the complainant on 22.06.2022 and also made requisition to the Sub Registrar, Bowenpally on 19.05.2022 with a request to furnish the relevant records pertaining to plot No.90 in Sy.No.154 and the same has been received on 19.05.2022. Further, the Investigating Officer made a requisition to the Manager of Axis 3 Bank, A.S.Rao Nagar Branch on 21.05.2022 with a request to furnish the attested transaction statement details of account No. 917010024575487 and the same has been received. After finalizing the investigation, an appropriate report will be filed before the competent Court. The allegation made by the petitioner in the writ affidavit that police interfered with the life and liberty of the petitioner is denied in the written instructions. It is stated that except conducting investigation, the Investigating Officer did not threaten, detained and not demanded any amount from the petitioner.
4. Learned counsel for the petitioner submitted that directions be issued to the respondent No.2 to follow procedure contemplated under Section 41-A of the Cr.P.C. in case the petitioner is arrayed as accused. It is stated that as of now, petitioner is not so as accused in F.I.R. No. 103 of 2022.
5. In the above facts and circumstances of the case, the writ petition is disposed of directing respondent No.2 - Station House Officer, Trimulgherry Police Station to comply with the 4 procedure contemplated under Section 41-A of the Cr.P.C. and guidelines issued in the judgment of "Arnesh Kumar Vs. State of Bihar1" while conducting investigation in F.I.R. No. 103 of 2022 in case petitioner is having any role in commission of offence or is added as accused in the crime. There shall be no order as to costs.
As a sequel, miscellaneous Petitions, if any, pending shall stand closed. There shall be no order as to costs.
________________________ B. VIJAYSEN REDDY, J February 01, 2023 LPD 1 2014 8 SCC 273 5 162 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.265 OF 2023 01.02.2023 February 01, 2023 LPD