Telangana HC Orders Protection to Woman

Hyderabad: Justice N.V. Shravan Kumar of the Telangana High Court directed the police to provide protection to a woman and her family during their visit to Telangana, after recording prima facie material showing receipt of threat calls and considering the imminent apprehension expressed by the petitioner. The judge was dealing with a writ plea filed by a resident of Hanamkonda presently staying in New Delhi, seeking police protection in Hyderabad, Hanamkonda and Mahbubabad. The petitioner complained that her family had received serious threats arising out of a matrimonial dispute of her son and that, despite lodging a complaint, no effective action was taken by the police. It was contended that an unknown person, stated to be a rowdy-sheeter, made threatening calls to the husband of the petitioner and abused him and warned of dire consequences to the family. The petitioner apprehended danger to her family during her scheduled visit to Telangana and sought police aid. The Government Pleader placed instructions stating that an inquiry was conducted on the complaint and that no further threat calls were received thereafter. It was also submitted that the inquiry revealed that the husband of the petitioner contacted the alleged caller and that no jurisdictional offence was made out. After considering the rival submissions and the material placed on record, the judge observed that the husband of the petitioner received threatening calls and that the petitioner and her family were shortly visiting Telangana. Holding that the situation warranted preventive protection, the judge disposed of the writ plea by directing the Director General of Police to consider the complaint of the petitioner to ensure that jurisdictional police stations provide police aid to the petitioner and her family at Hyderabad, Hanamkonda and Mahbubabad during their visit, on need and necessity basis.

Contempt case on collector closed

Justice T. Madhavi Devi of the Telangana High Court closed a contempt case against Karimnagar district collector Pramila Satpathy and other authorities after recording compliance with court directions relating to regularisation of service of an employee belonging to the Scheduled Caste community employee appointed under a rehabilitation scheme. The judge was dealing with a contempt case filed by Yeshoda, working in a government school, alleging non-compliance with earlier directions issued to the collector and other officials. Yeshoda was appointed under the Scheme for Relief and Rehabilitation of Victims of Atrocities Belonging to Scheduled Castes and Scheduled Tribes and sought regularisation of her services from the date of her initial appointment in May 1991. Earlier, the High Court directed the authorities to consider her representation on par with similarly placed employees appointed under the same scheme, who were granted regularisation from the initial date of engagement. Alleging inaction despite the lapse of time granted by the court, the petitioner initiated contempt proceedings. During the hearing, the respondents placed on record that reports were submitted to the competent authorities and that government proceedings were issued regularising the services of the petitioner from the date of her initial appointment. It was stated that notional benefits were extended from the initial date, while monetary benefits were granted from December 1, 2015. Taking note of the compliance placed on record, the judge held that the earlier direction to consider the representation stood complied with and that no case of wilful disobedience was made out. The contempt case was accordingly closed, while recording that notional pay fixation from the date of initial appointment and monetary benefits would govern the service benefits of the petitioner.

HC acquits man accused under Excise Act

Justice J. Sreenivas Rao of the Telangana High Court quashed criminal proceedings against an accused under the Telangana Excise Act, holding that his implication was based solely on the confession of a co-accused and amounted to an abuse of process of law. The judge was dealing with a criminal petition filed by Jitender Agarwal. The case arose out of a prosecution initiated by the prohibition and excise Department alleging offences under Section 34(1) of the Telangana State Excise Act, 1968. Counsel for the petitioner contended that there were no specific allegations against him either in the complaint or in the final report and that he was mechanically implicated only on the basis of the confession statement of a co-accused. It was argued that such a confession, recorded in police custody, was inadmissible in law and could not form the sole basis for prosecuting another accused. After examining the record, the judge found that no overt act, role, or participation was attributed to the petitioner and that his name figured only on the basis of the confession of accused No.1, without independent or corroborative material. Relying on settled principles laid down by the Supreme Court and other High Courts, the judge held that continuation of the proceedings in such circumstances would amount to a clear abuse of the process of law. Holding that the case squarely fell within the parameters for exercise of inherent powers to prevent misuse of criminal proceedings, the judge allowed the criminal petition and quashed the proceedings against the petitioner.