THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.539 of 2010 DATE:20.01.2010 Between:
Shaik Nazima Petitioner and The Commissioner of Police, Cyberabad, Ranga Reddy District and others Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.539 of 2010
ORDER:
This writ petition is filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in interfering with the personal life of the petitioner and her family members, as illegal and arbitrary.
2. The case of the petitioner, in brief, is that her brother-in-law by name Saleem Qureshi @ Hameed @ Munna is an accused in a criminal case, and in that case he was arrested, remanded to judicial custody, and later enlarged on bail by a competent criminal court. Subsequently, she came to know that Saleem Qureshi was absconding. While so, on 20.12.2009 the 2nd respondent came to her house and took her father to the police station and detained him illegally and enquired him about the whereabouts of Saleem Qureshi and also harassed him mentally and later set him free. Thereafter also, the 2nd respondent is visiting her house frequently, asking her and her family members to give the whereabouts of Saleem Quresh and threatening them with dire consequences, though they have nothing to do with the criminal activities of Salmme Qureshi. Being aggrieved by the same, she approached this Court and filed the present writ petition.
3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home.
4. May be, Saleem Qureshi is an accused in a criminal case and he was absconding. To know the whereabouts of the said person, in my considered view, it is not proper on the part of the 2nd respondent to interfere with the personal life of the petitioner and her family members. If he wants any information from the petitioner and her family members, he is at liberty to call them to the police station and enquire with them as to the whereabouts of Saleem Qureshi, but the same shall be strictly in accordance with the established principles of law.
5. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent not to interfere with the personal life of the petitioner and her family members, without following due process under law. There shall be no order as to costs.
GOPALA KRISHNA TAMADA, J 20th January, 2010
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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.539 of 2010 (Disposed of)
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20th January, 2010