High Court · 2025

Tathineni Dharani, D/o. Late Suman Babu, Age. 2g -fears, Occ. Pharmaceutical Employee, R/o. H. No. 729, Flat -No. 304,- Rai Mahal Apartment, Mathrushri Nagar, Miyapur, Ranga Reddy District 500049.' Tathineni Sai Surya Srinivas, D/o. Late Suman B6bu Aqe. 20 vears. Occ. E-ngineering Student, Rl/o. H. No. 729, Flat No. 30a, RalMahal'Apariment, Mathrushri Nagar, Miyapur, Ranga Reddy District 500049 AND ...PErmoNERS Hyderabad.

1. The State of Telangana, Rep., by its Principal Secretary, Home, Secretariat, 2. The Commissioner of Police, Cyberabad, Hyderabad. 3. The Station House Officer, Miyapur PS, Miy-apur, Hyderabad. 4. The Sub lnspector of Police, Atkuru PS, Uriguturu Mandalam, Krishna District 5. The Deputy Superintendent of Police, Gannavaram, Krishna District, Andhra 6. Tathineni Gopala Krishna, S/o. Late Subbaiah, Aged. 78 years, Occ. Andhra Pradesh. Pradesh. flop.ertiqs, R/o. Atkur Village, Water Tank Road, Ungutui Mandalam, Krishna District, Andhra Pradesh.

7. T. Srujan Babu, S/o. Gopala Krishna, Aged. 50 years, Occ. Nil Rtio. Atkuru Village, Water Tank Road, Ungutur Mandalam, i(rishna District. Andhra Pradesh ...RESPONDENTS 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 order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the registration of FIR bearing No. 17612024 by the 4th respondent at the instance of 6th respondent in respect of a civil matter and trying to arrest having issued notice under section 41-A of CRPC (35(3) of BNSS Act) to cause prejudice to defame the petitioners as illegal, arbitrary, malafide, intentional and interfering in civil matters and consequently direct the 3rd and 4th respondents not to resort to arrest till the petitioners take appropriate steps in the concerned courts in the State of Andhra Pradesh in the interests of justice lA NO: 1 OF 2025 PetitionunderSectionl5lcPCprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition' the High Court may be pleased to direct the 3rd. and 4th respondents not to arrest the petitioners in connection wlth FIR No. 176t2024 daled 16.07.2024 registered on the file 4th respondent pending disposal of the writ Petitr6n. CounselforthePetitioners:SRIK.V.BHANUPRASAD,SENIoRcouNSELFoR SRI KOTHAPALLI SAI SRl HARSHA Counsel for the Respondent Nos.1 to 3: SRI B.SRIDHAR' AGP FoR HoME c"un""r for the Resbondent Nos.4 & 5: sRl A.RAGHURAM, AGP FOR HOME Counsel for the Respondent Nos'6 & 7: - (AP) The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN R.EDDY WRIT PETITION No.50E2 OF 2025 ORDER:(ORAL) The petitioners filed this writ petition seeking the following relief: "... to issue an erder or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the registration of FIR bearing No.ll 612024 by the 4ft respondent at the instance of6e respondent in respect of a civil mafter and trying to arrest having issued notice under section 4l-A of CRPC (35(3) of BNSS Act) to cause prejudice to defame the petitioners as illegal, arbitrary, malafide, intentional and interfering in civil mafters and consequently direct the 3'd and 4th respondents not to resort to arrest till the petitioners take appropriate steps in the concerned courts in the State of Andhra Pradesh in the interests ofjustice and Pass .."

2. Heard Mr. K,V. Bhanu Prasad, learned senior counsel, appearing for Mr. Kothapally Sai Sri Harsha, leamed counsel for the petitioners, Mr. B. Sridhar, leamed Asistant Government Pleader for Home, for respondent Nos.l to 3 and Mr. A. Raghuram, leamed Assistant Govemment Pleader for the State of Andhra Pradesh, for respondent Nos.4 and 5. 2

3. Learned senior counsel submitted that a case in Crime No'176 of 2024 was registered with Atkuru Police Station, Krishna District, Andhra Pradesh, for the offences under Sections 420 md 506 read with Section 34 of the Indian Penal Code 1860 (lPC) against the petitioners on the complaint of respondent No'6. Notice under Section4lAoftheCodeofCriminalProcedurel9T3(Cr.P.C)was issued to the petitioners through whatsapp and petitioners appeared before respondent No.4 - the Sub Inspector of Police' Atkuru Police station, Krishna District, Andhra Pradesh, and gave their statement. However, Police did not give any acknowledgment to the petitioners. On 18.02.2025, two (2) persons claiming to be Police officers came in civil dress and enquired with the watchman about the petitioners and their families. The mother of the petitioners is suffering from Stage - IV Cancer and the'petitioners are taking care of her.

4. Leamed Assistant Govemment Pleader for Home and leamed Assistant Government Pleader for the State of Andhra Pradesh have taken preliminary objection to the maintainability of the writ petition and submitted that the present writ is filed in the nature of quash ry7 ) petition and they ought to have filed the quash petition beforo the High Court for the State of Andhra Pradesh.

5. Leamed senior counsel submitted that steps are being taken by the petitioners to file quash petition before the High Court for the State of Andhra Pradesh. However, until such time, this Court may I I direct the respondent Nos.3 to 5, not to arrest the petitioners as they have already responded to the notice under Section 4lA Cr.P.C. given by respondent No.4.

6. As it is submitted by the leamed senior counsel that the mother of the petitioners is suffering from Stage - [V Cancer and petitioners are taking care of her and they are ready to cooperate with the investigation in Crime No.176 of 2024, respondent No'4 - the Sub-tnspector of Police, Atkuru Police Station, Krishna District, is directed not take any coercive steps against the petitioners for a period of two (2) weeks from today. If respondent Nos'4 and 5 are aggrieved by this order, they are liberty to approach this Court seeking modification of this order.

7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 4 Asa sequel thereto, miscellaneous applications, if any, pending in the '*'rit petition stand closed' //TRUE COPY// SD/. A.SRINIVASA REDDY ASSISTANT REGISTRAR '\r_- SLcrrou OFFICER To

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9. PSK PSK The Princioal Secretary, Home, Secretariat, Hyde.rab.ad, State of Telangana' ii"i" b"-.[iisioner of Police, Cyberabad, Hyderabad' iii" St"i.n nouse Officer, Miyapur PS, Miyapur, Hyderabad' iii" 5i,O''i.ip"Ctor of Police, Atkuru PS, Unguturu Mandalam, Krishna District Andhra Pradesh. Ti ; D;p,it Srperintendent of Police, Gannavaram, Krishna District, Andhra Pradesh. one bcto sRl KOTHAPALLI SAI sRl HARSHA, Advocate.[oPUC] i*o Ccs to GP FoR HoME, High Court for the State of Telangana, at Hvderabad. [OUT] i,ir"-cblio cP FOR HOME, State of Andhra Pradesh High Court' Guntur, Andhra Pradesh. [OUT] Two CD Copies o HIGH COURT DATED:2010212025 ORDER WP.No.5082 ot 2025 / $F- SiAi s 2il FIB zffi r<\'r z o .t ^ J o 't ?^, 'i. .c \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ 90