✦ High Court of India · 25 Feb 2025

High Court · 2025

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Bench
Not available
Length
1,068 words

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 isr;ur: an order direction or writ more particurarry orre in the nature of writ of mandant,ls or any other appropriate writ declaring the action of the respondent No l and 4 for harassing and interferingl in the personar life and liberty of the P.titioners, at the instance of the respondent N,r.s to 7 as iflegar arbitrary with'ru. jurisdiction without authority of raw vioratio.r of principres of natural justice arcr decraring the same as unconstituticna r an:i by directing the respondent p.licrr not to interfere with the personar Iife and riberty of petitioners except in ac':crdance with raw and consequenry direct the Respondent No. 3 and 4, to provide p,olrce, protection to these petitioners, for the r,rote:tion of, lives and liberty in the inte t:st of Justice. I.ANO:{ OF 202!i Petition tJrrr{r:r Section 151 CpC praying that in thr-. ci.cunrstances stated in the affidavit fi.led in support of the petition, the High r:)oL,rt mi,ry be pleased to direct the Rer;prr rJent No. 3 and 4, to provide po ice proiection to these Petitioners, frlr th,: protection of lives and liberty in the interest of Justice. Counsel for thr: F,etitioners : SRI S.MOHD ABDUL KARE:EM KHr\N counsel for the Frespondent Nos.1 to 4 : sRr M.sRrNrvA.s, AGp FoR HOME Counsel for ther Respondent Nos.S to 7 : -- The Court made the following ORDER THE HONOTJRABLE SRI JUSTICE B. VTJAYSEN REDDY WRITPETTT ION No-5574oF 202s ORDER: (ORAL) This writ petition is filed by the petitioners seeking to declare the action of respondent Nos'3 and 4 in calling them to the Police Station and interfering with their personal life and tiberty at theinstanceofrespondentNos'6andT,asbeingillegaland arbitrary.

2. Heard Mr. Mohd. Abdul Kareem Khan' leamed counsel for the petitioners and Mr. M. Srinivas, leamed Assistant Government Pleader for Home. It is stated that petitioners got married on 05 '02'2025 ' 3. Petitioner No.l teft her parents' house with her free will and consent and got married to petitioner No'2 without any coercion' Respondent Nos.5 to 7 who are family members of petitioner No. t have approached respondent No'3 and made false allegations against petitioner No-2. On such complaint' respondent No'4 who is Sub-Inspector of Police of respondent No'3 - the Station House OfFrcer,I.S.SadanPoticeStation,isfrequentlycallingthemtothe 2 Police Strtion and interfering with their persorLal Jiberr.y, as such, petilioners are constained to approach this Court.

4. l,earned Assistant Govemment pleader for Horre, having receivtd #ritten instructions dated 21.02.2025 hom the Sub_ lnspr:clor .f police, t.S. Sadan police Station, subr:ritted that responderri No.6 lodged a complaint dated 05 02.i,025 with responderrt '\o.3 statingthar at abouf 1l:40 houn;, u,hirc he was in sleep. his :lder sister Ms. Hafsa Fathima _ petitioner \o.I, left their lrouse and they have made all efforts to trace out lrer, but in vain. Ile.t:e, he requested to take action. Basing or the said complaint, rr:spondent No.3 registered a case in crme No.22 of 2025 un,Ce-'Women Missing, on 05.02.2025. f.he Sub-rnspector of Polic,:, er.amined and recordecl the statemenr_s of rer;pondent No.6 anri. oth,:rs, collected photo and descriptive particulars of the petitioner- l.io I and issued look out notices against her.

5. Iii is further submitted that during r.he co:rrse of tnvestrgario.r, the Investigating Officer (IO) visited the lrouse of petition:r Nc,.2. petitioners were not available at hir; ho,rse, but the first v,il,: of petitioner No.2 was there. She stated the r she is 3 unawar€ of her husband eloping with petitioner No' I ' The IO has also tried to reach out to petitioner No.l ove{ her mobile phone' but her mobile phone was switched off. Hence, the IO requested his superior offrcers to fumish the call data records of the petitioners and the case is under investigation' 6 A copy of written instructions along with FIR is served on leamed counsel for the petitioners.

7. Taking into note of the fact that missing case has been registered in FIR No.22 of 2025 of IS Sadan Police Station' petitioners are directed to cooperate with the investigation in FIR No.22 of 2025. Further, respondent Nos'3 and 4 are directed not to interfere with the personal liberty of the petitioners' without fotlowing due process of law. Accordingty, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous applications' if any' pending in the writ petition stand closed' \ To //TRUE COPY// SD/.N. SRIHARI ASSISTANT REGISTRAR SECTION OFFICER riat, State of Telangana a 1 . The Principal Secretary' Home Department' S 2 3 Hvderabad, T.S. The Commissioner of Police' Hyderabad Road No 12' Baniarahills' Yl3til1ll-t;i* om""', l s' sadan' Porice station' santosh Nasar' Hvclerabad Telanoana. T S'

4. TWo CCs to GP FOR HOf\itE' High Court for the State of Tielangana at r 311%t?iJR,uJro*o ABDUL KAREEM KHAN' Advocate [.PUC] 6. Two CD CoPies SA o ,,21:i:ii;?t'i;;'' t, \, ?. fl JUN 2025 ,?, \-l .. "l: - -' _rn r a- r''- " --a-:=.-- i It -1. ) I HIGH COLIRT DATED:25 l0Zt2OZs I ) ORDER WP.No.5574 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. )t ))

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