Sudha Srivastava vs. The State Of Telangana
Facts
The petitioner, Sudha Srivastava, proprietor of Srisitti Enterprises, holds a valid GST registration and has undertaken various government contracts without adverse remarks. Her grievance is that Respondent No. 3, the Commissioner of Cyberabad Commissionerate, is frequently calling her to his office over the phone and threatening to implicate her in false cases, without any registered case or adherence to the Code of Criminal Procedure (Cr.P.C.). The petitioner seeks a writ of mandamus to prevent Respondent No. 3 from summoning her without proper notice or registration of a crime, and to ensure due process of law is followed. The Assistant Government Pleader for Home stated that no complaint has been received against the petitioner as of the date of the hearing.
Held
The Court held that the respondents should not summon the petitioner to the office of Respondent No. 3 without the registration of any crime. If the presence of the petitioner is required in any matter where the alleged offences are punishable by imprisonment for less than seven years, Respondent No. 3 shall issue a notice as required under Section 41-A of the Cr.P.C. Furthermore, the Court directed that the guidelines framed by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar should be followed. The Court disposed of the writ petition with these directions, noting that no criminal complaint was on record against the petitioner at the time of the hearing.
Key Issues
1. Whether the action of Respondent No. 3 in calling the petitioner to his office without issuing any summon/notice under the threat of foisting criminal cases is illegal, arbitrary, unconstitutional, and contrary to the provisions of the Cr.P.C.? Petitioner's arguments: The petitioner contends that the actions of Respondent No. 3 are illegal and arbitrary as they bypass the prescribed procedure under the Cr.P.C. by summoning her over the phone and threatening criminal implication without any formal notice or registered case. This conduct, she argues, is unconstitutional and violates due process. Respondents' arguments: The Assistant Government Pleader for Home submitted that as of the date of the hearing, no complaint has been received against the petitioner. The respondents indicated that if a complaint is received, they will follow the due procedure in accordance with the law.
Sections Cited
Section 41-A
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) WEDNE AY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 2472 OF 2024 [ 32e6 ] Occ Park, Between: Sudha Srivastava, Wo.Vinay Kumar Sinha Aged about 51 years, Business R/o.18052 GC Grand, Near Amarpali Royal Vaibhav lndirapuram, Ghaziabad Uttar Pradesh - 2O1 014- ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary Home Department Secretariat, Hyderabad.
The Director General of Police, Government of Telangana Lakdikapool, Hyderabad, T.S.
The Commissioner, Cyberabad Commissionerate Cyberabad, R.R. District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in lhe nature of Writ of Mandamus, declaring the action of the Respondent No.3 in calling the petitioner to attend his office without issuing any summon/notice to the petitioner under the threat of foisting criminal case as illegal, arbitrary, unc
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