Parsigani Udaya Kumar vs The State Of Telangana
2023 Latest Caselaw 519 Tel

    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

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

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

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

2014 8 SCC 273

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.265 OF 2023

01.02.2023

February 01, 2023 LPD