✦ High Court of India · 13 Mar 2025

The High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,175 words

SRI MIRZA AZMATH ALI BAIG Counsel for the Rer;p rndent No.1 to 4: Gp FOR HOTVIE The Court made the f .rllowing: ORDER /,! / THE HON,BLE SRI JUSTICE T' VINOD KUMAR n 74 of 2 **u* learned counsel for the petitioner' learned Government preader for Home appearing for respondent Nos.l to 4 and with the consent of the learned counsel appearing for the partres' the Writ Petition is taken up for hearing and disposal at the admission stag€' 2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the ls involved' this Court is of the view that notice to unofficial respondent No'5 is not necessary for adjudication of the present Writ Petition' Shorn of unnecessary details' the case of the Petitioner' in brief, is )J , vide CrimeNo'6 of 2025 dt'03'02'2025 is registered that though a case based on a complaint made by the 5th respondent against 10 persons' wherein the petitioner was arrayed as Accused No'7' the respondents- authorities, in particular respondent Nos'3 and 4' are harassing and threatening the petitioner to settle the civil dispute with the 5s respondent, despite the petitioner having cooperated with the investigation and furnished all the information as sought for by the said respondents-authorities, which action of the respondents-authorities in interfering in civil disputes between the petitioner and the 5b respondent' I l 2 it is contorrri )t law. is illegal, arbitrary and without any authcrity or sanction of 5 per. 41 n1.s4 learned Government pleader

4. appea.ing on behalF of respondent N );.1 to 4 submits that based on a compiaint n;de by ths 5rh respondenl rr .,,rin, the authorities have registered a case, ./ni? Crime No.6 of 2025 on C:l :,,1.2025 and are investigating into the dforq53 j6, 61;;ps. Learrrr:rl ( ;overnment pleader further submits that t:r pr ttitioner has been issued rvi I a notice dt.04.03.2025 under Section 35(:r ) of the BNSS to appear ltefr tt the 4h respondent on 07.03.2025:, at 1(r.30 am in connection vriir- 'he investigation into the aforesaid crir.re r€rgir.tered; and that the aLrthr ritres, except investigating into the aiore:,aid crime registered' are r rr' threatening the petitioner to setae the civii d spute with the 5th responcle r" in any manner.

6. Learnej rr:)vernment pleader would further sub,'it that the petitioner in c r'J( - to avoid appearance before the authoriti(rs pr.rrsuant to the notice dt.()2.(:,2025 issued under section 35(3) of BNSS rlir.cting him to appear o. t;z:.1.2025, has filed the present Writ petitiorr b/ making false allegations .

7. It is al:;c, rrrtended by the learned Government pleader that the petitioner did r :l appear before the 4th respondent authlrity, on

07.03.2025, 1.1'o th had been issued with notice dt04 C3':l:025 and I I // 3 apprehending that the authority will take fufther actlon' had filed the present Writ Petition claiming that the respondents-authorities coercing him to settle the civil dispute with the Sth respondent and thus seeK for dismissal of the Writ petition' I have taken note of the respective contentions urged'

9. Admittedly' the petitioner is arrayed as Accused No'7 in Crime No'6 of ZZ5iregistered based on the complaint made by the 5h respondent herein and it is also an admitted fact that the petitioner having been issued notice dt'04'03'2025 under Section 35(3) of BNSS directing him to appear before the 4th respondent authority on 07'03'2025 for the purpose of investigation, and the petitioner having failed to appear before the said authoritY on the said date' 10. Though it is contended by the petitioner of he having appeared before the authorities and submitting the information as sought for by the Investigating Authority, no explanation is forthcoming as to why the petitioner failed to appear before the authority on 07'03'2025 for the purpose of investigation into the crime'

11. Notwithstanding the fact that the petitioner is arrayed as an accused in the aforesaid crime being investigated into by the respondents- authorities, this Court is of the view that the respondents-authorities are I \ 4 to be direct r.:, to take furl crime regri:;tr r.d stric,y,n 12. -Suoje t to above d order as [o cr sits. 13. Misrell; r,r:ous petitic stand closeC tnu'u*'on while investigatir accordance with raw. 1'l i'rt ) the aforesaid irection' the writ Petition i:; cis,rosed of. No lns, if any, pending in this rvrif ,)etition shall //TRUE COPYII \ ,*il?;'*,AYSiFou*. / , sF:CnoN orrtceR 3: :,J,;ff ii i l, ; i;:f:1%,:3T? r?ij"uT,"" t D. q,h . Arntrer:kar Telangana Iffi "ft ry li: ;)l5[,iJ.,ii,[if;;, cvberabad commissio'e rat,:, Gachibowri, The Deputy r -;r rrmissioner tconomic offe nces'/r'ins, cyberabad uommissio n e r: r, Ranga El,3jIo1X?"9;, Fo rre officer, p.S. EOW Cyberabad , Cyberabad Ransa Reddy J,!?,3Jr,,.. One CC to SF I flRZA AZMATH ALt BA|G, Advocate [OpUCl Iy;"':ffrtb:i, ron HoME, Hish court ror the state :r reransana at To, 1 2 3 4 5 6 7 BSR GJP Two CD Cop e s; LH? HIGH COtJr,?T DATED;1,il(t312grl ORDER WP.No.774S c f 2O2S ,. -- -- :r= Itt i6 C e c o ,' l- a) -b a' 2l fl ,1,l', 2S?5 \ \.i:: :_ :: ; * DISPOSING OII: THE WRIT PETITION, WITHOUT CC)S:T'S ut?' 1)@ I I I I I I I Ij ! i I i I I i I t I

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