AI Structured Summary
Not yet generated for this judgment
Judgment
Cheekati Manavendranath Roy, J
This Writ Petition for mandamus is filed to declare the action of respondents 2 to 4 police officials in harassing the petitioners since 20.07.2022 in various methods even by scolding them and threatening them by calling them to the Police Station daily and making them sit in the Police Station till late night without following the due process of law, as illegal, arbitrary and consequently sought direction to respondents 1 to 4 not to harass the petitioners by calling them to the Police Station and making them sit in the Police Station till late night.
Heard learned counsel for the petitioners and learned Government Pleader for Home appearing for respondents 1 to 4.
Learned Government Pleader for Home, on instructions, would submit that a contempt case in C.C.No.779 of 2022 was filed by a person M. Rajagopala Rao in this Court against a person by name Thangudu Jhansi, who is shown as the 6th respondent in the said contempt case and owing to the absence of the said Thangudu Jhansi despite the direction given by this Court to attend the Court on 11.07.2022 that this Court, in the said contempt case in C.C.No.779 of 2022 as per order, dated 18.07.2022, issued NBW against the said Thangudu Jhansi directing the police to arrest her and to produce her before this Court on 22.07.2022. He would further submit that as the whereabouts of the said Thangudu Jhansi are not known and as she is avoiding arrest in execution of the said NBW issued by this Court against her that the police have only summoned the petitioners, who are the relatives and family members of the said Thangudu Jhansi for inquiry to find the whereabouts of the said Thangudu Jhansi to execute the said NBW issued against her. However, the petitioners are not cooperating with the police and they are not disclosing the details relating to the whereabouts of the said Thangudu Jhansi. So, he would submit that the allegation made in the Writ Petition that the police are harassing the petitioners as alleged in the Writ Petition is absolutely false.
The fact that the said contempt case was filed against a person by name Thangudu Jhansi along with another five respondents is not disputed before this Court. Similarly, the fact that NBW was issued against the said Thangudu Jhansi on 18.07.2022 is also not in controversy. As can be seen from the order placed by the petitioners themselves in C.C.No.779 of 2022, it is evident that NBW was issued against the said Thangudu Jhansi by this Court. Therefore, the police are under legal obligation to execute the said NBW issued by this Court against the said Thangudu Jhansi. However, as she is avoiding her arrest and absconding, the police could not execute the said NBW till now. Therefore, to know whereabouts of the said Thangudu Jhansi, as it is stated that the petitioners, who are family members and relatives, are only summoned for inquiry, no fault can be attributed to the police in summoning the petitioners for inquiry to know the whereabouts of the said Thangudu Jhansi.
Learned Government Pleader for Home would also submit that except summoning the petitioners for inquiry in this regard, they were not harassed by the police and they were not made to sit in the Police Station till late night.
Therefore, recording the aforesaid submission of learned Government Pleader for Home made on instructions, the Writ Petition is closed. However, the respondent police are directed not to frequently summon the petitioners to the Police Station in the guise of inquiry and compel them to disclose the identity of the said Thangudu Jhansi if it is stated by them that they are not aware of her whereabouts. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.