THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.29589 OF 2018

ORDER

This Writ Petition is filed with the following relief: “To issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of mandamus to declare the action of 4^th respondent in depriving of petitioner’s personal life and liberty guaranteed under Article 21 of the Indian Constitution by way of wrongfully confining the petitioner in Saroornagar police station from 1600 hours to 1900 hours and further obtaining the signature of petitioner over a blank white paper on 04.07.2018 under the threat of implication of petitioner in a criminal case, contrary to fair procedure established by law without there being any complaint or case registered against the petitioner, being illegal, arbitrary and unjust and consequently direct the 2^nd respondent herein to take disciplinary action against the 3^rd and 4^th respondents in accordance with TSCS (CC&A) Rules, 1991 for their commissions and to grant such other relief ……….”

2. None appeared on behalf of the petitioner.

3.1. Learned Assistant Government Pleader for Home submits that on 04.07.2018, one S. Shivakumar made a representation against the petitioner. Pursuant thereto, the petitioner’s presence was secured for enquiry, and a General Diary entry was made for further investigation. Upon a prima facie case being disclosed, Crime No. 587 of 2018 was registered on 24.08.2018. After due investigation, a charge sheet was filed, and the case was taken cognizance of as C.C. No. 1142 of 2020 on the file of the V Additional Judicial Magistrate of First Class, Rajendranagar. It is accordingly submitted that the petitioner’s allegation of wrongful confinement in the police station is unfounded and devoid of merit.

3.2. The learned Assistant Government Pleader further submits that the petitioner’s allegation that the respondent police authorities are interfering with his personal life and liberty, without any tenable basis, is unsustainable. He contends that such averments are made only to circumvent the crime proceedings lawfully initiated against the petitioner. Hence, he prays for dismissal of the writ petition.

4. I have perused the material on record.

5. The grievance of the petitioner is that the 4th respondent interfered with his personal life and liberty and allegedly detained him in the police station from 4:00 p.m. to 7:00 p.m. on

04.07.2018. However, the explanation offered by the respondents indicates that the petitioner’s presence was secured during the course of enquiry in connection with the crime proceedings. Such securing of presence, in the discharge of official duties, cannot per se be construed as wrongful confinement. Nevertheless, having regard to the petitioner’s assertion and to allay any apprehension, the respondent police authorities are directed to refrain from interfering with the petitioner’s personal life and liberty, except strictly in accordance with law and by following due process.

6. With this direction, the Writ Petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

__________________ N. TUKARAMJI, J Date: 12.11.2025

MRKR