High Court · 2025
Case Details
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 more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.S in interfering into the peaceful life and liberty of the petitioner and non-returning the Laptop, Mobile of thre Petitioner and creating panic situations to setfle the dispute with the Respondent Nos. 6 to g is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 111 and 300-4 of constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the Respondent No.5 to return Laptop and Mobile phone to the petitioner without delay and also not to interfere into peaceful life and liberty of the petitioner. lA NO: 1 OF 2025 Petition under siection 151 cpc praying that in the circums;tances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.5 to return Laptop and Mobile phone to the petitioner without delay and arrso not to interfere into peaceful life and liberty of the Petitioner pending dir;posal of the Writ petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1 to 5: SRI M.SRINIVAS, AGp FOR HOME The Court made the following: ORDER TTIE HONOURABLE SRIJUSTICE B' VIJAYSEN REDDY WRIT PETIT TON No.5379 oF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No'5 - the Station House Officer' Kothuru police Station, in interfering with his personal liberty and not returning his laptop and mobile phone seized in connection with Crime No.39 of 2024 of Kothur Police Station and forcing him to settle disputes with respondent Nos'6 to 9' as being illegal hnd arbitrary. learned counsel for the petitioner 2. Heard Mr. RaPolu Bhaskar' and Mr. M. Srinivas, leamed Assistant Government Pleader for Home.
3. Learned Assistant Govemment Pleader for Home' having received written instructions dated 21'02'2025 from the Sub-Inspector of Police, Kothuru Police Station' submitted that respondent No.7 lodged a complaint dated O5'02'2024 with respondent No.5 stating that some unknown persons have created fake Instagram and YouTube accounts and posted false videos of 2 respondent }.lo.7, her husband, and sons blaming their characters and requested to take necessary action. Based on the said complaint, a case in Crime No.39 of 2024 was registered under Section 66_D of the Informatic,n Technology Act 2000. After investigati,on, it was revealed that lretitioner has committed the said offence ard he was served notice, ,nder Section 4rA of the code of Criminal procedure 1973 (Cr.P.C.') and seized his mobile phone i.e.. Redmi company Note 12 pro *5G phone, in the presence of mediators under the cover of panchanama and deposited the same before the leamed IX Additional lVletropolitan Magistrate Court, Kukatpally, (for short 'Trial Court').
4. It is subrnitted that police have seized only the moblls ph6n. of the petitiorLer under the cover of panchanama in Crime No.39 of 2024 and, they tLave not seized any laptop as alleged by him.
5. A copv o I written instructions is served on leamed counsel for the petitioner.
6. As it irt submitted by the leamed Assistant Govemment Pleader for fl.nre that the Investigating officer in crime lJo.39 of 2024 has sejzed the rnobile phone of the petitioner and d,:posited J with the Trial Court, this Court is not inclined to pass any orders in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to file appropriate application before the Trial Court seeking release of his mobile phone. On such application being filed, the Trial Court shall pass orders within a period of two (2) weeks thereof. Further, petitioner is also at liberty to avail appropriate legal remedies with regard to the alleged seizure of his laptop. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand ctgqe!. I //TRUE COPY// SD/. T.TIRUMALA DEVI T REGISTRAR ASSI ECTION OFFICER To, -Oirect<ir Hvderabad, State of Telangana. Shadnagar, Ranga Reddv District. General of Po-iice, Telangana, Hyderabad'
1. The Principal Secretary' Home Department, Secretariat Building, Secretariat, z. ifie 5. iil c;.;isiionli of poticir, cyb'erabad, cyberabad commissionerate, 4. ih;- As'sistant bommistioner of Police, Shadnagar Circle, Cyberabad . ?ir'3i:?::*'?f,j:xo "'8?'.r$:*ft5f; jll'';xiil; station, cvberabad 6. oi; cCi;SRiiiApol"u BHASk?R' Ad-vocate [oPUc] ;: iil -cc; i" 8. Two CD CoPies ron nbntE, Hirir, court for the State of relangana at Commissionerate, Ranga Reddy District' Hyderabad [OUT] -ci BSR $ HIGH COURT DATED: 2410212025 ORDER 'r.*' WP.No.5379 of 2025 t) 1HE S{r 14: (f( ) C, 2 E Fr, m25 o F.5 n4- r:vre9 -a t DISPOSING OF THE WRIT PETITION, WTHOUT COSTS \ a 19 ,\r