M.Kiran Babu vs State Of Telangana

This writ petition is filed to declare the action of the official respondents in conducting unauthorized surveillance and inaction over the complaint dated 22.09.2022.

It is the case of the petitioner that he is self-employed Karigar (artisan) mainly engaged in refurbishing jewelries and preparing ornaments upon being given orders. Two prominent customers, who regularly used to place orders with the petitioner for contract of service, are Krishna Das Jewelers and PMJ Jewelers. Petitioner had transactions with the said jewelers for the past several years. On 24.06.2022, the respondents No.3 and 4, who are sons of the Proprietor of Krishna Das Jewelers, requested the petitioner to keep a sealed box with him. At the time of handing over the said sealed box, the respondent No.3 specifically asked the petitioner to hand over the box to respondent No.5 at their behest on specified date that would be given to him fortnight later. The respondent No.3 did not disclose as to what the box contained nor the petitioner showed any interest in asking the details. The petitioner had to oblige the request of the respondent Nos.4 and 5, as he had bonafide faith in them. Two months later, the respondent No.3 asked the petitioner to hand over the box to the respondent No.5.

On 31.08.2022, the petitioner went to respondent No.5 and he was surprised that the respondent No.5 denied any communication from the respondents No.3 and 4 regarding the box and refused to take the box. The petitioner called the respondent No.3 on the same day around 9.30 AM in the presence of respondent No.5. After brief conversation between the respondents No.3 and 5 on the cell phone of the petitioner, the respondent No.5 eventually took the box. While things stood thus, the respondents No.3 and 4 called the petitioner and accused him of substituting silver ornaments in the place of gold in the sealed box handed over to the respondent No.5. The petitioner refused to acknowledge the contents of the sealed box. The respondent No.3 started accusing the petitioner and threatened him with dire consequences. It is alleged that the respondents No.3 and 4 had contacts with influential persons and customers, who happen to be the wives of police officials.

It is stated that the Krishna Das Jewelries owes an amount of Rs.32,00,000/- as part of their contract towards the service rendered by him. The respondents No.3 and 4 started blackmailing the petitioner and demanded that the petitioner should confine his services only to Krishna Das Jewelries and no other jewelry shops to avoid payment of dues to him. It is further alleged that some plain clothed policemen were moving around the house of the petitioner. The petitioner came to know the said fact through the CCTV footages of the local colony cameras. The plain clothed policemen or Task Force officials, who were conducting recce around the house of the petitioner trying to apprehend him and make him sign blank papers and vouchers by coercive methods and tortured him.

Learned counsel for the petitioner submitted that the petitioner approached this Court contending that the official respondents have colluded with the management of Krishna Das Jewelries and had been conducting surveillance to make attempts to kidnap the petitioner with an ulterior motive without registering any crime. The same is arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India.

The learned Assistant Government Pleader for Home submitted that the petitioner has approached this Court with a concocted story. It appears there are disputes between the petitioner and the respondents No.3 and 4. In order to get away from professional obligations, the petitioner approached this Court making false allegations that the police have colluded with the unofficial respondents. There is no complaint lodged by the respondents No.3 to 5 against the petitioner.

Ms. B.L. Prasuna, learned counsel appearing for the respondents No.3 to 5, submitted that as per the instructions issued by the respondents No.3 to 5 there is no complaint lodged against the petitioner and if there is any claim, they will initiate civil action against the petitioner. So also, if any criminal action is to be initiated, the same would be done in accordance with law.

As it is represented by the learned Assistant Government Pleader for Home and learned counsel for the respondents No.3 to 5 that no complaint has been lodged against the petitioner and at the same time, there is no material placed before this Court to establish that the petitioner was subjected to harassment or that there was surveillance on him, this Court is not inclined to conduct any roving enquiry into the matter.

Without expressing any opinion on the merits of the case, the writ petition is closed giving liberty to the petitioner to approach the concerned police station or this Court as and when there is threat perception. However, if there is any claim against the petitoner, the respondents No.3 to 5 are at liberty to take civil or criminal action in accordance with law.

Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.