✦ High Court of India · 28 Apr 2025

Karimkonda Narendar v. '1 . The State of Telangana

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Bench
Not available
Length
1,306 words

...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 direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No.5 and 6 in interfering into the peaceful life and liberty of the petitioner and also interfering into the civil disputes between the petitioner and the respondent No.7 and calling the petitioner to the Police Station, Vanasthalipuram and detaining hin and creating panic situation and threatening to settle the dispute with the respondent No.7 and obtained the signatures on the blank non-judicial stamps paprers and also obtained the signatures, by taking the advantage of the same, threat3ning the petitioner to pay the amount of Rs.27,00,0001 to the respondent No.i', without,having any jurisdiction by misutilizing the police powers is highly illegal, arbitrary, unconstitutional, violation of principles of natural justice arrd also in violation of Articles 14 and 300-4 of the Constitution of lndia and consequently direct the respondent Nos.S and 6 not to interfere into the peaceful life and liberty of the petitioner and also not to interfere into the civil disputes between the petitioner and the respondent No.7, not to call the petitioner to the Police Station, Vanasthalipuram, not to detain him, create panic situation and not to threaten to settle the dispute with the respondent No.7 and direct thr: respondent No.6 to return the blank non-judicial stamps papers on which obtained the signatures, without having any jurisdiction by misutilizing the police powers. 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 respondent Nos.5 and 6 not to interfere into the peacefu life and liberty of the petitioner and also not to interfere into the civil dispules between the petitioner and the respondent No.7, not to call the petitioner to the Police Station, Vanasthalipuram, not to detain him, create panic situation and not to threaten to settle the dispute with the respondent No.7 and direct the respondent No.6 to return the blank non-judicial stamps papers on which obtained the signatures, without having any jurisdiction by misutilizing the police powers, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos. 1 to 6: GP FOR HOME Counsel for the Respondent No. 7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR wrat Petition No.1 0199 of 2025 ORDER: Heard learned counsel for the petitioner, Iearned Government Pleader for Home appearing for respondent Nos.l to 6, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofflcial respondent No.7 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that respondent Nos.5 and 6 are trying to arrest the petitioner illegally by interfering into the peaceful life and liberty of the petitioner and also involving themselves in civil dispute betvveen the petitioner and the 7th respondent, by calling him to the 6th respondent police station and detaining him and crating panic situation and threatening to settle the dispute with the 7th respondent by obtaining signatures on blank non-judicial stamp papers and also threatening the petitioner to pay an amount of Rs.27,00.000/- to the 7th respondent without having any jurisdiction and mis-utilising the police power, which action of the respondents it is contended as highly illegal, arbitrary and unconstitutional. I 2

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 6 while denying the writ averments, would submit that the 7th respondent had approached the respondents- authorities and lodged a complaint on 10.03.2025 and For the purpose of conducting enquiry to verify as to the correctness or otherwise of the contents of the complaint, the authorities have called th3 petitioner to the police station.

5. Learned Government Pleader further submits that the petitioner without cooperating with the respondents-a uthorities for causing enquiry into the aforesaid complaint lodged by the 7tr'respondent has approached this Court by filing the present Writ Petition making wild allegations against the respondents-authorities.

6. Learned Government Pleader further submits that the authorities except causing enquiry into the complaint given by the 7r respondent are neither interfering in the civil dispute between the petitioner and the 7th respondent nor interfering with the personal life and liberty of the petitioner.

7. Learned Government Pleader would also submit trat the claim of the petitioner of he having secured anticipatory bail in ntlation to earlier case vide Crime No.1356 of 2024 dt.20.11.2024, has no bearing on the complaint given by the 7th respondent herein. .ruw*-Er;pr .J1...- ,/ ,/ I 8 9 €E:.1-t- .,-..-{,: ..--{:r*:.i-,,;...,,!:.-tr-,j . r:- t- I have taken note of the respective contentions urged. Having regard to the submissions made as above, since, it is now informed to this Court of the 7rh respondent having approached the respondents-authorities by rodging a compraint on'10.03.2025 and the respondents-authorities having called the petitioner only for causing preliminary enquiry into the aroresaid compraint, this court is of the view that the respondents-authorities are to be directed to forow due process of law whire causing enquiry/investigation into the aforesaid compraint lodged by the 7th respondent and take further action stricry in accordance with law.

10. Subject to above direction, the Writ petitlon is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/.P. DMANABHA REDDY EPUTY REGISTRA //TRUE COPYII SECTION OFFICER To, 1 Principal Secretary, Home Department, Secretaria uilding, Secretariat, Hyderabad, The State of Telangana.

2. The Director General of police, Telagnana State, Hyderabad. 3. The Commissioner of police, Rachakonda Commissionerate, Ranga Reddy District.

4. The Deputy Commissioner of police, Rachakonda Commissionerate, L.B. Nagar Division, Ranga Reddy District. . ti .:. it[t rt' I *.+=;_.,. .r:rz--- ' ,/' / \ \

5. The Assistant Commissioner of Police, Vanasthalipuram Circle, Rachakonda Commissionerate, Ranga Reddy District.

6. The Station House Officer, Rachakonda Commissionerate, Vanasthalipuram Police Station.

7. One CC to SRI RAPOLU BHASKAR Advocate [OPUC] 8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. Two CD Copies BGS. BS \qr I j HIGH COURT DATED: 2810412025 \ ORDER WP.No.10199 of 2025 ,"ffr. sra IC: lJ q -',rl 2[25 ,,.' z o I Oi t *9o- I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \r- \qr-, -d'r-

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