THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO.29960 OF 2023
ORDER:
The writ petition is filed seeking following relief: "......to issue any Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Police in interfering with matrimonial disputes and summoning the Petitioners 2 and 3 to Police Station confining them and asking them to settle the disputes with the 5th respondent as illegal arbitrary unjust and unconstitutional and violates the fundamental rights guaranteed under Art 14 19 and 21 of the Constitution of India and contrary law declared by the Honble Supreme Court in catena of judgment and consequently direct the respondents Police not interfere with matrimonial disputes and harass and threaten the Petitioners settle the dispute with the 5th respondent in any manner......"
2. It is the case of the petitioners that the marriage of petitioner No.1 was performed with respondent No.5 on 15.06.2022. Petitioner No.1 is working as Sub-Inspector, CSIF and soon after the marriage, disputes arose between the petitioner and respondent No.5. It is the further case of the petitioners that respondent No.5 has lodged a complaint, dated 19.03.2023 against the petitioners before respondent No.4. It is the further case of the petitioners that the respondents-police are forcing the 2 petitioners to enter into settlement as per the terms dictated by respondent No.5.
3. Learned counsel for the petitioners submits that the respondents-police without following the procedure contemplated under Section 41-A of Cr.P.C., and guidelines issued by the Hon'ble Supreme Court in ARNESH KUMAR V. STATE OF BIHAR 1 are frequently summoning the petitioners to the police station.
4. Learned Assistant Government Pleader for Home submits that acting on the complaint, dated 19.03.2023, the respondents-police have summoned the petitioners to the police station for counseling and the respondents-police have not registered any case against the petitioners and appropriate action will be initiated on the complaint submitted by respondent No.5.
5. In view of the above submissions, this Court deems it appropriate to direct the respondents-police to follow the procedure contemplated under Section 41-A of Cr.P.C., and also the guidelines issued by the Hon'ble Supreme Court in ARNESH 1 2014(8) SCC 273 3 KUMAR's case (1 supra) while conducting investigation. However, if the presence of the petitioners is required for the purpose of investigaton, the respondents-Police are directed to issue notice under Section 41-A of Cr.P.C to the petitioners.
6. With the above directions, this Writ Petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________ C.V. BHASKAR REDDY, J Date: 20.10.2023 SUS