✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Length
1,040 words

Mr. Guiia Siva Sai. S/o. lVlr. B u s i ness. R/o. H. No. 1 _ 1 _2 87 t 1 1 t i.-i[kr,i;ir'iiv, u'iiJra uaa. , gujja Bhaskar, aged about 22 years, Occ ...PET|T|ONER AND The State of Telangana, Rep. by its principal Secretary, Home Department, Secretariat, Hvderabad. The Commissioner of police. Hyderabad City, Telanoana The Deputy Commissioner police. Cer,tiat 26r", Hvj"irn"o r ne ASSrsrant Commissioner.of police. Chikkadpally Division, Hyderabad The Station House officer, chitraopirry eoii"" Sirfr""".'Hvaeratial ---" IVr E.Haridas Reddv. S/o r.slulnbojy L;i;, idil;["ut /0 years, occ nor known. R/o. H. No. 1 -'1-300/1 ztn, Cr,itr,al pa rlr' HV,i,l,., 5)O 2 3 4 5 6 ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order more particurarry one in the nature of wRrr oF IvlANDAtvus to decrare the action of the Respondent No.5 and his subordinates in interfering with the civir Disputes between the petitioner and Respondent No.6 herein by frequently calling the petitioner to the police station and making him to sit in the Porice Station from morning to evening and trying to setfle the civir disputes is illegar, arbitrary, vioration principres of Naturar Justice and against the Article '14, 19,21 and 300 (A) of the constitution of rndia and consequenfly direct the Respondent No.4 herein and his subordinates not to interfere with the civir disputes pending between the petitioner herein and Respondent No.s herein. :,:dln*r! lA NO: 1 OF 2025 Petition unr.ler section 151 CPC praying that in the circun st,'rnces stated in theaffidavitfiledinsl:portofthepetition,theHighCourtmaybepeasedtodirect the Respondent No 5 herein and his subordinates not to inter'err-' with the civil disputes between thr,' Petitioner and Respondent No 6 herein' Counsel for the Pet tioner: SRI D.SATYANARAYANA Counsel for the Resrpondent Nos.1 TO 5: AGP FOR HOME Counsel for the Res;Pondent No.6: -- The Court made th€ l'ollowing: ORDER HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2854 0F 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.5 _ Station House Officer, Chikkadpally police station' and his subordinates, in interfering in civir disputes between him and respondent No.6 and frequenfly calling him to the police Station and confining him in the police Station for hours together, as illegal and viorative of Articres 14, 19,21and 300-A of the constitution of lndia, and consequenfly prayed for appropriate reliefs.

2. The case of the petitioner is that he obtained commercial Bapu Nagar, property bearing No.1_1_287131tC situated at Chikkadpalli, on lease from respondent No.6 on monthly rent of Rs'5'500r' rt is stated that the tenancy of the petitioner is governed under rental agreement. Disputes arose between the petitioner and respondent No.6 over enhancement of rents and deposits. When the petitioner has not agreed for the said proposal, respondent No.6 made efforts to dispossess the petitioner forcibry and got issued regar notice dated 25.09.2024

3. Heard learned counsel for the petitioner and learned Assistant Government pleader for Home. 2

4. Learned ,::unsel for the petitioner submitted that rer:;pondent No.6,insteadcrftakingappropriatestepsbyapproacringthe competent civil ':xrurt seeking eviction of the petitioner' ittfluenced respondent No.5 and at the instance of respondent No'6' respondent No.5 is frequently summoning the petitioner to the Police Stretion ind confining him in tl-e Police Station for hours together and ak';o forcing him to vacate arrd handover the premises in his ocr;upation by entertaining the c;i'ril disPutes

5. Learned hssistant Government Pleader' on instructic'ns' would submit that res:rrlndent No.6 has lodged a complaint a-<lainst the petitioner and th,-' same revealed commission of cognizable offences' therefore, the re:soondent police registered FIR'No'38 of 2025 for the offences uncler l:ir:ctions 115 (2), 125 (2) and 351 (2) of tre Bharatiya Nyaya Sanhita , 2023 and the same is pending investigalror" Learned Assistant Goverrnrent Pleader also submitted that only fcr tl-re purpose of investigation, lhe petitioner was summoned to the Policr: Sitation and the respondent pclice have not interfered in any manner in respect of the civil disputer: between the petitioner and respondent No'(i'

6. ln view r-lf the above submissions and as the resp,)n,lent police have already' rt:gtistered a case in Crime No.38 of 202{i against the petitioner, this Oourt deems it appropriate to dispose of this Writ F,etilion direct-Lng the respondent police not to summon th': petitioner-lg 3 the Police Station or confine him in the police Station for hours together or force him to vacate and handover the premises obtained by him on lease from respondent No.6 in any manner by interfering into the civil disputes. lf the presence of the petitioner is required, the respondent police shall issue notice to him specifying the date and time to be present for cooperation in investigation. rt is made crear that the petitioner shall not be summoned by the respondent police for any other purpose except for the purpose of investigation in crime No.3B of 2025.

7. With the above directions, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// SD/. T. JAYASREE ASSISTANT REGISTRAR P$t^- SECTION OFFICER \ The Principal Secretary, Home Department, Secretariat, Hyderabad, State of Telangana. The Commissioner of Police, Hyderabad Citv. Telanqana. The Deputy Commissioner Polii:e, Central Zirne, Hvderabad The Assistant Commissioner of Police, Chikkadpally Division, Hyderabad The S^lation-Ho use OJf icer, Ch i kkad pa I ly po I ice Sta[io n, Hyd era tiad. One CC to SRI D.SATYANARAYANA, Advocate tOpubl Two CCs to GP FOR HON/E, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies - To 1 2 J 4 5 o 7 o PSK. GJP l I I I I l r i I ,' HIGH COI.'RT DATED:0310212025 ORDER WP.No.2854 of 2025 o? i t:1., -:.1: ,.r s .\ \rS S) (2 <./.t r C I ^t, c, '-t ..-.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \) ( N +

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