Vaspari Mallaiah v. Director General of Police
In the High Court of Telangana
WP 20223/2019
Before Chief Justice Raghvendra Singh Chauhan and Justice A. Abhishek Reddy
Decided on September 18, 2019

Relevancy of the case: Habeas corpus petition for producing the complainant while there is an FIR against the petitioner for stalking, harassment, and criminal intimidation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 66)
• The Indian Penal Code, 1860 (Section 354D, 504, 506)

Relevant Facts of the Case

• The petitioner has filed this habeas corpus petition for issuing directions to the police for producing respondent number 4 before the court. He has stated that he is in love with her; however, her brother-in-law (respondent number 6) has illegally detained her.
• Respondent number 4 had filed an FIR against the petitioner for stalking, harassment, and criminal intimidation.
• The court had directed the state counsel to produce respondent number 4 before the court. She informed the court that the petitioner had been harassing her for a long time. She has no interest in him. Due to continuous harassment, she filed a complaint with the police. Due to the petitioner, she had to leave her studies and the hostel where she was staying.

Prominent Arguments by the Advocates

• When asked about the FIR, the petitioner’s counsel accepted that the petitioner had seen a copy. However, it is a fake complaint since the petitioner’s signature on the complaint is forged.

Opinion of the Bench

• The petitioner’s counsel’s stand on the forged signature is highly misplaced. The petitioner has abused the process of law to create evidence in his favour.

Final Decision

• The court dismissed the petition and imposed a cost of ₹50,000 against the petitioner.