THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.1639 OF 2018

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…pleased to issue a writ, order or a direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in summoning the petitioner and beating him mercilessly by detaining him for hours together and harassing to pay back the debts due to the un-official respondents, otherwise to implicate in false cases, as being arbitrary, illegal and violative of principles of natural justice and contrary to the fundamental rights enshrined in the Constitution of India and consequently direct the respondents not to summon the petitioner and detain him and interfere with the petitioner's personal liberty and pass.…” 2. None appears for the petitioner.

3. Heard Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

4. Learned Assistant Government Pleader, on instructions, submits that the respondent-police neither summoned the petitioner nor beat, detained, or harassed him to repay alleged debts owed to the unofficial respondents under threat of implicating him in false cases. It is further submitted that, since no crime has been registered against the petitioner, the question of calling him to the police station does not arise. The allegation that the police forced the petitioner to sign blank papers or white sheets is also wholly unsubstantiated by any supporting material. Thus, the contentions raised by the petitioner are baseless and untenable. Accordingly, dismissal of the application is prayed for.

5. I have perused the material available on record.

6. The petitioner alleges that the respondent-police mercilessly beat him, harassed him to repay dues allegedly owed to the unofficial respondents, and made him sit in the police station for several hours. However, apart from making these averments, the petitioner has not furnished any particulars or supporting material. Mere reference to certain dates, without credible or corroborative evidence, cannot form the basis for drawing an adverse conclusion, especially in the face of categorical denial by the respondent-police. In the absence of substantiated allegations, this Court finds no ground to accept the petitioner’s assertions.

7. Nevertheless, having regard to the nature of the allegations, the rights of the petitioner are reserved to avail appropriate remedies in accordance with law. Additionally, the respondent-police authorities are directed to refrain from interfering with the petitioner’s right to life and personal liberty, except strictly in accordance with law and by following due process.

8. With the above direction, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 28.10.2025 Js

4558 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.1639 OF 2018 Dated: 28.10.2025 Js