LAWS(TLNG)-2019-1-211

MOHAMMED UBEDUR RAHMAN Vs. STATE OF TELANGANA

Decided On January 23, 2019
Mohammed Ubedur Rahman Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, and learned Government Pleader for Home for respondents 1 to 3.

(2.) According to petitioner, himself, his wife and his son by name Mohammed Ataur Rahman are residing in Flat No.405, Classic Enclave Apartments, Satya Colony, Tolichowki, Hyderabad. Petitioner alleges that on 12.01.2019 he went out with his wife for regular medical check up and when they returned, they were informed by their watchman that at 4.00 p.m., four persons came to their place claiming themselves as police from Golconda Police Station, Hyderabad and were waiting for them. It is further alleged that the said persons have informed that they came to arrest them. Petitioner came to know that arrest warrant against his son is pending in M.C.No.195 of 2017 before the Additional Metropolitan Sessions Judge for the Trial of Jubilee Car Bomb Blast Case-cumAdditional Family Court-cum-XXIII Additional Chief Judge, Hyderabad.

(3.) It appears from the averments made in the affidavit that his son married Dr. Sara in the year 2014, but their marital relationship is strained resulting in filing of cases against the son of petitioner by his estranged wife. D.V.C.No.130 of 2017 is pending on the file of IV Metropolitan Magistrate, Hyderabad, and case under Section 498-A of Indian Penal Code is also filed against the petitioner. In M.C.No.195 of 2017 the Court passed ex parte order against his son on 13.04.2018. Petitioner contends that he is no way concerned with the said case and therefore, the question of petitioner being arrested would not arise nor can petitioner be harassed, whereas, police are harassing and humiliating the petitioner. Therefore, in this writ petition, petitioner prays to declare the action of the respondents in illegally and highhandedly interfering with the personal liberty of the petitioner by visiting his house, harassing and threatening him to produce his son before them in connection with the warrant issued on 01.12.2018 by the said Court.