Vijay Kumar vs The State Of Telangana And 4 Others
2022 Latest Caselaw 6173 Tel

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

     THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                   WRIT APPEAL No.759 of 2022


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. V.Venkata Mayur, learned counsel for the

appellant and Mr. M.Roopender, learned Government Pleader

for Home for respondent Nos.1 to 4.

2. This appeal is directed against the order dated

02.09.2022 passed by the learned Single Judge dismissing

Writ Petition No.34258 of 2022 filed by the appellant as the

writ petitioner.

3. From the materials on record, we find that

petitioner was arrested by the 5th respondent, who is a Police

Officer, in the year 2012. It further appears that the criminal

case arising out of such arrest resulted in the acquittal of the

appellant.

                                  2                  HCJ & CVBRJ
                                               W.A.No.755 of 2022

4. According to the appellant, he was arrested in a

bailable offence in the year 2012 by the 5th respondent

without following the guidelines laid down by the Supreme

Court in Arnesh Kumar v. State of Bihar1. Therefore he

lodged a representation on 08.02.2022 before the

Superintendent of Police, Suryapet for taking departmental

action against the 5th respondent.

5. Learned Single Judge noted that firstly the

decision of the Supreme Court came in the year 2014 whereas

the arrest was made much prior thereto in the year 2012.

Therefore, for the alleged non-compliance of the guidelines

laid down in Arnesh Kumar (supra) in 2012, no order could

be passed against the 5th respondent. That apart, learned

Single Judge noted that appellant had filed representation 10

years after his arrest by the 5th respondent. There was no

explanation for such inordinate delay. In the circumstances,

learned Single Judge did not find any good reason to direct

1 (2014) 8 SCC 273 3 HCJ & CVBRJ W.A.No.755 of 2022

the respondents to consider the representation of the

appellant and consequently dismissed the writ petition.

6. We concur with the views expressed by the learned

Single Judge. We find no merit in the appeal.

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: 25.11.2022 KL