Citation : 2022 Latest Caselaw 6909 Tel
Judgement Date : 20 December, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.828 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Lovaneet Kumar Sharma, learned counsel for
the appellant and Mr. M.Roopender, learned Government
Pleader for Home representing the respondents.
2. This intra-court appeal has been preferred by the
appellant against the final order dated 23.11.2022 passed by
the learned Single Judge disposing of W.P.No.41708 of 2022
filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition taking
exception to the action of 4th respondent in frequently
summoning him to the police station and thereby causing
harassment to him.
4. Learned Assistant Government Pleader for Home
submitted before the learned Single Judge on written
instructions that one Mr. Omer Bin Abid Bafaraj had lodged 2 HCJ & CVBRJ W.A.No.828 of 2022
a complaint dated 04.11.2022 against the appellant stating
that appellant had abused and threatened his son in filthy
language and with dire consequences. In view of such
complaint, requisition was submitted before the Chief
Metropolitan Magistrate, Nampally, Hyderabad on 11.11.2022
to accord permission to register and investigate a case under
Section 506 of IPC. It was further submitted that appellant is
involved in nine crimes and a rowdy sheet is maintained
against him.
5. In view of such submission, learned Single Judge
declined to entertain the writ petition. However, learned
Single Judge directed the respondents not to interfere with
the personal life and liberty of the appellant without following
the due process of law.
6. On due consideration, we are of the view that the
order passed by the learned Single Judge is just and proper
and no interference is called for.
3 HCJ & CVBRJ
W.A.No.828 of 2022
7. Writ Appeal is accordingly dismissed. However,
there shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if
any, in this Writ Appeal, shall stand closed.
___________________________ UJJAL BHUYAN, CJ
___________________________ C.V.BHASKAR REDDY, J Date: 20.12.2022 KL
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