High Court · 2025

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 a writ or order or direction more particularly one in the nature of writ of mandamus by declaring the action of the Sth and 6th Respondents in abusing their office by initiating malicious and vexatious piosecution basing on the alleged complaint of Respondent no.7 against the Petitioner and consequently without following due process of law contemplated U/sec 35 of BNSS, illegally detaining the Petitioner by the 6th Respondent in the office of the 5th Respondent, by using coercive measures against the Petitioner, the sth and 6th Respondents and their staff coercing the petitioner to sign the MOU for undertaking to pay an amount of Rs. 60 lakhs; to 7th Respondent, as illegal, arbitrary and in violation of principles of Natural .lurstice, Apart from being in violation of Article 19 and 21 of Constitution of lndia. And consequently direct the Respondent nos. 5 and 6 (a) not to interfere into civil claim / illegal money recovery of the 7th Respondent claim by the Sth and 6th Resporrdents by calling the Petitioner to the office of 5th and 6th Respondents, (b) Not to use coercive measures against the Petitioner by the 5th and 6th Respondents or their staff to settle illegal financial claim of the 7th Respondent, (c) To follow due process of law as contemplated U/s.35 of BNSS., by the office of 6th Respondent without abusing the office of Sth and 6th Respondents office, anrl without 6th Respondent acting extra-vires. 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 Respondents 5 arrd 6. (e) not to interfere into civil claim / illegal money recovery of the 7th Respondent claim by the 5th and 6th Re.spondents by qlling the Petitioner to the office of 5th and 6th Respondents, (1) Not to use coercive measures against the Petitioner by the Sth and 6th Respondents or their staff to settle illegal financial claim of the 7th Respondent, (g) To follow due process of law as contemplated U/ s.35 of BNSS., by the office of 6th Respondent without abusing the office of Sth and 6th Respondents office, and without 6th Respondent acting extra-vires, (h) F'ending disposal of the above Writ Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in interest of justice. Counsel for the Petitioner: SRI P.VAMSHEEDHAR REDDY Counsel forthe Respondent Nos.1 TO 6: AGP FOR HOME Counsel for the Respondent No.7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.3324 OF 2025 ORDER: Heard Learned Counsel appearing for the petitioner, learned Assistant Government Pleader for Home appearing for the off,rcia,l respondents and the notice to the respondent No.7 is hereby dispensed with and perused the entire materia-l on record.

2. Learned Counsel for the petitioner submits that the petitioner is the accused in Crime No.71 of 2025 on the h1e of Madhura Nagar Police Station, Hyderabad District, Telangana State and the said crime is registered under Sections 316 (4), 318 (4) of BNS, 66C, 66D of ITA Act, 2008 and punishment under the above sections is below 7 years. The respondent-Police issued notice to the petitioner under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. In spite of that, the respondents are calling lthe petitioner to police station and harassing him. The 2 SK,J Vr.P.No.3324 of 2025 respondent Nrts.S and 6 at the instance of the respondent No.7 by abusing the office of the respondent Nos 5 and 6 are coercing the petitioner to sign on an MOU with an undertaking of a payment of Rs.60 Lakhs to be paid by the petitioner to the respondent No.7 and directed the respondents not to violate his personal liberty arrd follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

3. On the other hand, learned Assistant Government Pleader for Home basing on the written instructions issued by the respondent No.6 submitted that the, Police authorities ar:e following the BNSS, 2023 and issued notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and not coerced the petitioner to sign on al MOU vdth an undertaking of a payment of Rs.6O Lakhs to the respondent No.7 and interfering with the civil ''7 3 SK,J W.P.No.3324 of 2O25 dispute between the petitioner and the respondent No.7 and requested to dismiss the writ petition.

4. After hearing both sides and perusing the material -Court is of the considered view that the on record, this respondent No.6-The Sub-lnspector of Police, Madhuranagar P.S., Sector-3, Hyderabad on written instructions stated that the respondents-Police are not pressurizing the petitioner to sign the MOU undertaking as stated in the writ affrdavit.

5. Taking into account of the written instructions submitted by the respondent No.6, this writ petition IS disposed of directing the respondents not to call the petitioner to the police station, without following due process of law or pressurize him to sign the MOU undertaking between the petitioner and the respondent No.7. There shall be no order as to costs. I I 4 SK,J W.P.No.3324 of 2025

6. Miscella-neous petitions, if any, pending shall stand clo sed. //TRUE COPY// SD/.A.V.S.PRASAD REGISTRAR ^"'N] \.8ECTI ON OFFICER The Principal Ser;retary, Home Depa(ment, Secretariat, Hyderabad, State of Telangana. The Commissioner of Police, Basheerbagh, Hyderabad, Telangana State. The Deputy Commissioner of Police, West Zone, A.C Gaurds, I\ilasab tank, Hyderabad, Telangana State. The Assistant Commissioner of Police, Panjagutta, Hyderabad, Telangana State. The Station House Officer, Madhuranagar P.S, Hyderabad, Telangana State. The Sub lnspector of Police, Madhuranagar P.S, Sector-3, Hyderabad, Telangana State. One CC to SRI P.VAMSHEEDHAR REDDY, Advocate IOPUC] Two CCs to GP F OR HOME, High Court for the State of Telangana, at Hyderabad. [OtJ'l-] Two CD Copies To 1 2 3 4 4 t) 7 8 I PSK. GJP s ) q HIGH COURT DATED:0610212025 ORDER WP.No.3324 of 2025 /- ,'l+' ! -:: it;ii:.''-,.,- -.1 =:= =: 4 1ff FIB ?tw s(' t! .-HEQ DISPOSING OF'THE WRIT PETITION WITHOUT COSTS 3 W