Basheed vs Station House Officer And Another

This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 1st respondent in disturbing the personal liberty of the petitioner by making phone calls and orally summoning him to the police station without following due process of law and without issuing notice, under the guise of conducting further investigation/reinvestigation in FIR.No.s 111/2012 and 131/2012 of Punjagutta Police Station, in spite of final report having already been filed as false, and in the absence of any permission from the concerned Court to reopen the crime and conduct further investigation/reinvestigation, as arbitrary, illegal and violative of Article 21 of the Constitution of India.

Heard counsel for the petitioner, learned Government Pleader for Home appearing for respondents, and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.

Petitioner contends that the respondents have registered two crimes vide FIR.No.111/2012, dt.14.02.2022, and FIR.No.131/2012, dt.21.02.2022, against the petitioner, on receiving Court referred complaints made by K.Uma and K.Satyanarayana Bharani(rep. by his Atorney Sri K.Venkat Rao), respectively, from the XIV Additional Chief Metropolitan Magistrate, Hyderabad. He further contends that after conducting investigation into the above crimes, it revealed non-involvement of the petitioner and the said complaint as being false, a final report was filed as ‘undetected’. In spite of the above, the respondents, under the guise of conducting further investigation/reinvestigation in the above crimes, are calling the petitioner by making phone calls and orally summoning him to come to police station, without issuing any notice and that the said action of the respondents is illegal and without any authority of law, resulting in interference with the life and liberty of the petitioner.

This Court, while granting time to the respondents to get instructions in the matter, on 04.03.2022, directed the respondents-authorities not to meddle with the life and liberty of the petitioner, without following due process of law.

When the matter is taken up today for hearing, learned Government Pleader for Home has placed written instructions, under the signature of Inspector of Police, Panjagutta Police Station, Hyderabad, and the same is taken on record.

By the said written instructions, while denying the allegation of the petitioner in the writ petition, it is stated that the respondents have registered above two crimes against the petitioner and another person, on the complaints being referred from the XIV Additional Chief Metropolitan Magistrate, Hyderabad, under Section 200 Cr.P.C., and took up investigation in both the crimes, which revealed/proved commission of offence by the petitioner and another accused, but the efforts made to apprehend them, went in vain, as when they enquired on 17.07.2013 at the residential addresses of the accused persons, the respondents-authorities came to know that about 2 to 3 years back, the accused persons vacated their houses and their present locations are not known, and hence, as per the proceedings of the Assistant Commissioner of Police vide No.131/Per/Cr/ACP-PGT/2021, dt.30.03.2021 and No.132/Per/Cr/ACP-PGT/2021, dt.30.03.2021, both the cases were referred as ‘undetected’ and a final report was filed before the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad at Nampally.

By the said written instructions it is also stated that since both the crimes have been referred as ‘undetected’, there was no occasion for the respondents to call the petitioner as alleged under the pretext of reinvestigation, as any such action can be undertaken only based on the orders of the Competent Court, and in as much as, no such order of re-investigation is issued, claim of the petitioner that respondents are calling/summoning the petitioner orally, is false and incorrect.

Having regard to the above submissions, and since the respondents, by the written instructions, have categorically stated that they are not calling the petitioner in connection with the above two crimes, in which final reports have already been filed as ‘undetected’, the respondents are directed not to interfere with the life and liberty of the petitioner in connection with the above two crimes, without following due process of law.

Subject to the above, the Writ Petition is disposed of. No order as to costs.

Consequently, miscellaneous petitions, if any, pending shall stand closed.