✦ High Court of India · 03 Feb 2025

ORDER ry TTIE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION No

Case Details High Court of India · 03 Feb 2025

Petition under Article 226 of the 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, particularly in the nature of a Writ of Mandamus, declaring the actions of. Respondent No. 3 in interfering with the Petitioner and petitioners son peaceful life and liberty, detaining the Petitioners son, and attempting to influence the settlement of the civil dispute vide 0.S No. 296 of 2021 , on the file of the Vll Junior Civil Judge, City Civil Court, Hyderabad. Being aggrieved by the judgment and decree, the petitioner has filed an appeal, vide A.S. No. 108/2023, on the file of the XXVAdditional Chief Judge, City Civil Court, Hyderabad, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 15, .21 , and 3004 of the Constitution of lndia. Further, direct Respondent No. 3 not to pressure the Petitioner into settling the matter with the 4th Respondent lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'd respondent not to call the petitioners to tlre police station or interfere in their day-b-day affairs and to follow the due procedure of law, pending the disposal of the present Writ Petition. The petitioners further pray that this Hon'ble Court may pass such other orders. Counsel for the Petitioner: SRl. P. RAJESH Counsel for the Respondent Nos. 'lto3: GP FOR HOME Counsel for the Respondent No.4:- The Court made the following: ORDER TTIE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.2958 OF 2025 ORDER: The writ petition is filed seeking following relief: " .. .to issue an appropriate writ, order or direction particularly in the nature of a Writ of Mandamus, declaring the actions of Respondent No.3 in interfering with the Petitioner and petitioners son peaceful life and liberty detaining the Petitioners son and attempting to influence the settlement of the civil dispute vide O.5.No.296 of 2021 on the file of the VII Junior Civil Judge, Ciry Civil Court, Hyderabad. Being aggrieved by the judgment and decree the petitioner has filed an appeal vide A.5.No.108/2023 on the file of the XXV Additional Chief Judge City Civil Court Hyderabad as illegal, arbitrary, unconstitutional and violative of Articles 14, 15, 2 I and 300A of the Constitution of India Furthet' direct Respondent No.3 not to pressure the Petitioner into settling the matter with the 4th Respondent and pass..."

2. It is stated that there are disputes between the petitioner and respondent No.4, who instituted a suit in O.S. No.296 of 2021 before the leamed VII Junior Civil Judge, City Civil Court, Hyderabad (flor short 'Trial Court') and the said suit was dismissed by the judgment and decree dated 03.04.2023. Being aggrieved by the said judgment, respondent No.4 preferred an appeal before the learned ChiefJudge, City Civil Court, Hyderabad, (for short, 'Appellate Court') in A.S. No.l08 of 2023 and the same is pending adjudication. Grievance of 2 the petitioner is that pending adjudication of A.S. \o. 108 of 2023, at the instance of lespondent No.4, respondent No.3 is interfering in the civil disputes and forcing him to enter a compromise/settlement with respondent No.4 as per the terms dictated by him.

3. Learned Assistant Government Pleader for Home, instructions, would submit that on the complaint lodged by son of respondent No.4, a case in Crime No.27 of 2025 dated 31.01.2025 was registered rvith Hussaini Alam Police Station for the offences under Sections 329$), 324(4) and 351(2) of the Ilharatiya Nyaya Sanhita 2023 (BNS) and for the purpose of investigation, petitioner was summoned to the Police Station only for the purpose of investigation and respondent No.3 is not interfering in the civil disputes between the petitioner and respondent No.4

4. Learned counsel for the petitioner submitted that respondent No.3 in violation of the procedure contemplated uncter Section 35(3) of Bharatiya Nagank Suraksha Sanhita 2023 (BNSS) and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Biharrare trying to arrest the petitioner. ' zorclal scc z;: l 7 To, 3

5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition, directing respondent No.3 - the Station House Officer, Hussaini Alam Police Station, to follow the procedure contemplated under Section 35(3) of BNSS and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's case (supra l) while conducting investigation in Crime No.27 of 2025 and further respondent No.3 is directed not to interfere in the civil disputes between the petitioner and respondent No.4, pending adjudic-ation_of A.S. No. 108 of 2023, in any manner.

6. With the above observations, this writ petition is disposed of. There shall by no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed /TTRUE COPY// SD/-A'V.S.PRASAD ASSIS1ANT REGISTRAR SECTION OFFICER -t atHyderabad 2 The Commlss 1 The Principal Secretary Home Department' Se ioner of Police, HYd erabad HYderabad Com missionerate 3. The Station House Officer, P.S. Hissain Alam' Doodbowli' Hyderbad H Advocate I I. P RAJES Yrllr" st"t" or relansana at 4. One E ,High Cou 5. Two FOR HOM OP atB uilding, Secretariat ' CC to SR CCs to GP Hvd eiabad [OUTI CD Coples Qh-

6. Two BM GJP -!-:.:-.+*+*j_ HIGH COURT DATED:0310212025 ORDER WP.No.2958 of 2025 {:) (, os 1HE SI4 16: 15 APf, M6 7 a I t-TF,sao t ( DISPOSING OF THE WRIT PETITTON WITHOUT COSTS ?a- l \ t.\

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