Mr.Joseph Daniel N.Shiva Shankar vs The State Of Telangana And 7 Others
2021 Latest Caselaw 308 Tel

      THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                 WRIT PETITION No.2695 OF 2021

ORDER:

This Writ Petition is filed seeking to declare the action of the

respondents Nos.5 and 6 in interfering with the personal life and

liberty of the writ petitioner even though no FIR is registered against

him, as illegal and arbitrary.

2. With the consent of learned Government Pleader for Home

and the learned counsel for the petitioner, this writ petition is disposed

of at the admission stage itself.

3. Sri Srinivas Kapatia, learned counsel for the petitioner

would submit that the respondent Nos.4 to 6 are calling the petitioner

and harassing the petitioner by making him to wait for hours together

without there being any complaint and without registration of any

crime. The said action of the respondent Nos.4 to 6 is illegal and also

contrary to the procedure laid down under Section 41A Cr.P.C., and

also the guidelines issued by the Hon'ble Apex Court in catena of

decisions. According to the learned counsel, the 4th respondent has no

jurisdiction to entertain any complaint against the petitioner herein.

4. On the other hand, learned Assistant Government Pleader for

Home would submit that the Police will not interfere in any disputes

including civil disputes without there being any complaint and without

registration of any crime against the petitioner and they will follow the

procedure under Section 41-A Cr.P.C., and also the guidelines issued

by the Hon'ble Apex Court from time to time. He would further

submit that if any complaint is received against the petitioner, the

police will follow the procedure under Cr.P.C., and also the guidelines

issued in Lalita Kumari v. State of Uttar Pradesh1 and Arnesh

Kumar v. State of Bihar and another2.

5. Recording the submission made by the learned Assistant

Government Pleader for Home, this Writ Petition is disposed of

leaving it open to the 4th respondent to follow the procedure laid down

under Cr.P.C., and the guidelines issued by the Hon'ble Apex Court in

the judgments in Lalitha Kumari and Arnesh Kumar (supra) in the

event of receipt of any complaint against the petitioner. No order as to

costs.

Miscellaneous petitions, pending if any, shall stand closed.

_________________ K. LAKSHMAN, J February 05, 2021

KTL

2014 (2) SCC 1

(2014) 8 SCC 273