✦ High Court of India · 17 Apr 2025

The High Court · 2025

Case Details High Court of India · 17 Apr 2025
Court
High Court of India
Decided
17 Apr 2025
Bench
Not available
Length
1,034 words

5. Sri. Venkateshwarlu, Occ. Circle lnspector of Police Chandurthi P.S, Chandurthi Mandal, Rajanna Sircilla District.

6. Salendra Raja [Mallaiah, S/o. Saheb, Age. 86 years, Occ. Agriculture, R/o. H.No. 1-45, Ananthapalli Village, Chandurthi Mandal, Rajanna Siricilla District 7. Salendra Mallesham, S/o. Raja Mallaiah, Age. 40 years, Occ. Agriculture, Rl/o. H. No. 1-47, Ananthapalli Village, Chandurthi Mandal, Rajanna Siricilla District. ...RESPONDENTS Petition under Article 226 oI 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 4th Respondent in harassing the Petitioners as illegal arbitrary and violative of Article '14, 19 and 21 of Constitution of lndia and consequently direct the 4th Respondent not to call the Petitioners to I ET the Police Station and not to harass the Petitioners and also direct the Respondents 2 and 3 to consider the representation dated 17t12t2O24. 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 4th Respondent not to harass the Petitioners by calling the petitioners to the Police Station pending disposal of the above writ petition Counsel for the Petitioner : SRI P.GlRl KRISHNA Counsel forthe Respondents No.1to4: GP FOR HOME Counsel for the Respondents No.5to7 : The Court made the following: ORDER IION'I}LE SIi.I JUSTICE T. VINOD KUMAR WRIT PETITION No.4369 of 2025 OITDEIT: Ileard learned counsel for the petitioners and leamed Government Pleader for Home appearing on behalf of respondent Nos. I to 4, and perused the record. With the consent of learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. l)espite service of notice on unofficial respondents, there is no representation either in person or through counsel.

3. The case of the petitioners in brief is that the 4rh respondent is harassing the petitioners by foisting false cases at the best ofunofficial respondents herein, which action of the respondent authorities, it is contended as illegal and arbitrary.

4. Petitioners further contend that the 4th respondent by foisting false cases against the petitioners, is involving himself in civil disputes pending between the petitioners and unofficial respondents belorc the competent Court of Civil .Iurisdiction vide O.S.No.228 of 2022, and for the said reason, the petitioners had approached the 2'd .// I I 2 respondent and 3'd respondent bringing to the notice of the said authorities of the illegal action of 4th respondent, and in spite of the same, no action is taken thereon while the 4rh respondent continues to harass the pet itioners.

5. Per contra,learned Govemment pleader for Horne appearing on behalf of respondent Nos. l to 4 wourd submit that in a, there are three cases registered against the petitioners herein vide cr.No. 106/2024, Cr.No.223/2024 and Cr.No.23312024; rhat insofar as C.r.No.22312024 is concemed, the authorities, after completion of investigation, have already filed charge sheet, while the investigation in cr.No.1 06/2024 and Cr.No.233 /2024 is in progress.

6. Learned Govemment pleader for Home lurther submits that the respondent authorities except conducting investigation into the aforesaid crinres registered and being investigated, are not interfering in the civil disputes nor harassing the petitioners, as being claimed and the present writ Petition is fired by making allegations onry to divert the attention of the authorities from investigating into the aforesaid cflrnes. 7 I have taken note of respective contentions urged. I \ 3

8. Though, petitioners claim of existence of civit dispute between the petitioners and unoffrcial respondents herein before the competent Court of Civil Jurisdiction vide O.S.No.228 of 2022 and the 4'h respondent is involving in such civil disputes, since it is stated that I I , \ three cases are registered against the petitioners herein vide Cr.No. I 06/202 4, Cr.No.223 12024 and Cr.No.233 12024, wherein the respondent authorities having file charge sheet in Cr.No.22312024, while the investigation into the remaining two crimes is stated to be pending, this Court is of the view that the respondent authorities are to be directed to conduct investigation into the aforesaid crimes and take further action strictly in accordance with law.

9. Furlher, as two crimes into which the investigation is stated to be pending, are registered for the offences which are punishable with less than 7 years, the respondent authorities are directed to follow the procedure contemplated under Section 35(3) ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 andalso the guidetines Iaid down by the Apex Court it Arnesh Kumar Vs. State of Bihart . ' (zora) s scc zz: I i I 4

10. Subject to above observation and direction, the Writ Petition is disposed of. No costs I L Consequently, miscellaneous petitions, if any pending shall stand closed //TRUE COPY// SD/.P. CH. NAGABHUSHAMBA UTY REGISTRAR ECTION OFFICER 1 To,

1. The Principal Secretary, Home Department, Dr' B R Ambedkar Secretariat Telangana,state of Telangana, Hyderabad'

2.TheDirectorGeneralofPolice,GovemmentofTelangana,Hyderabad. 3. The Superintendent of Police, Rajanna Sircilla District' 4.TheStationHouseofficer,ChandurthiP.S,/CirclelnspectorofPolice' Chandurthi, Rajanna Sircilla District'

5. One CC to SRI P.GlRl KRISHNA, Advocate' [OPUC] 6.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelangana.[oUfl 7. Two CD CoPies. BSK LS t \ HIGH COURT DATED:1710412025 i.r $'!Ai I t q o 01 !ii\Y m15 i p t/r./ ORDER WP.No.4369 of 2025 C6 S PAT L',S ..r) DISPOSING OF THE WRIT PETITION WITHOUT COSTS q 2X,

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