Panugoth Praveen vs The State Of Telangana
2023 Latest Caselaw 3368 Tel

      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

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

2014(8) SCC 273

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