✦ High Court of India · 31 Oct 2025

The High Court · 2025

Case Details High Court of India · 31 Oct 2025
Court
High Court of India
Decided
31 Oct 2025
Bench
Not available
Length
1,086 words

THE HONOURABLE SRI JUSTICE N.TUKARAMJT WRIT PETITION NO: 8524 0F 2018 Between: Nimmagad_da Paparao @phanl _chowdary, S/o.N.Venkata Rao, Hindu. aoed 30.years,.occ- BlsinesiR/o. zor, prot (b. s, s'ri"r'riii, ii";;;ffi 6"jt;; Hills and Avenue pragathi ttagar, Kutetbalry, ilvOdrltlO AND ...PETITIONER

2. J.

4. The State of Telanoana rep.by. its principal Secretary, Home Department, Secretariat Buildings] Hyderabad. r ne tnspector of police,. . Special Operation Team, Rachakonda Commissionerate, Cybereabad, Hfderabad.---'" Mr' Satyanarayana Murthv. sub^rnspector of porice speciar operation Team, Rachakonda Commission6iate, CvUEreabao. niJ"ir55o Mr. Rama Brahmam, constioi6, speilr'oG;;i;; ream, Rachakonda vt?v' ur!v' I Commissionerate, Cybereabad, Hrd";5b;; ...RESPONDENTS Petition under Articre 226 ot rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more fufly one in the nature of writ of Mandamus decraring the action of the respondents in interfering with the day to day life of the petitioner by insisting upon to produce one Somaiah of Guntur, taking away petitioners passport, credit cards, pan card, medical record of petitioner and petitioner son and educationar certificates, Aadhar card of petitioners wife Smt. Nalini Garikipati is illegal, improper, arbitrary violative of petitioner right to rive being opposed to the principres of Naturar Justice and consequenfly direct the respondents 2 to 4 to return the berongings of the petitioner family i.e-, Passport, pan card, credit cards of the petitioner medicar record of petitioner and petitions son and petitioner educationar certificates and l I I I I .-- Aadhar Card of petitioner's wife Smt. Nalini Garikipati and not to interfere with the petitioners day to day life lA NO: 1 OF 2018 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 respondents No.2 to 4 to return the belongings of the petitioner's family i.e. Passport. Pan Card, Credit cards of the petitioner, medical record of' petitioner and his son, educational certificates and Aadhar Card of petitioner,s wife Smt. Nalini Garikipati pending disposal of the Writ petition in the interest of justice lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in sucport of the petition, the High Court may be pleased to Direct the respondent No.2 to 4 not to interfere with the day to day life of the petitioner by insistrng him to produce the said Somaiah of Guntur pending disposal of the Writ Petition in the interest of justice Counsel for the Petitioner: SRl. HANUMANTHA RAO BACHINA Counsel for the Respondents: SRI D. PRADEEP , AGp FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.8524 2018 ORDER This writ petition is filed seeking for the following reliet-: " 1r, 155ve u tril, order or dircction ntore l lh, onc tn rlte nurur,: t,l ll'rrt o/ \lakl.ntu: declung tht uctron of llrc respotldents in inletfering u,illt rha la t,t dt1 lt[t rt'tlu pautnutar ht' ihsistitlg |pon to produce one Souuitth tGuntur, takin{!.t\'nr l)etttk)ne-t l)Lt.\\)ttrt (-tcJ L:orl.t. l'dD (.'urd, nudical rcutrd of pelirioncr and son ond clrtouondl ccrlilic.ttt \. AtLlh<u- ( ar.l ol pctitiotlers wife Stnt. Nolini Garikiputi is illcgul. in1ropcr. arl,itr,.tr.i rttltritt t'l ttn rigfu nt lite heiry opposect to the Prin<iple.s ol'Narurdl .1 .\tirJ atd .otn,:qu':ttlr lrc.t tht re\l't)tklrnt< ) to .l k) return tlrc belongings ol tlrc palittoncr lotttlr t e . l)Ltt:1r,-1. I'on ( trl. ('rctltt tarJ.' of th<, petitioner nedicul rctntl ol pctit ncr ,tttit :ott ,uul ciitrt,tttttt,il irtlilitdtr\ ,tul .4utlhar Card of petitionet-s tvil<'Sntl \rtltnt (iurrkipLtti uttl ttot ,) itttL't-lLtt t rrh tltL ltL tttroners cld.v to tlq' lijb and pdss" .

2. None appears for the petitioner.

3. Heard Mr.D.Pradeep, learned Assistant Govemment Pleader tbr Home appearing for respondents.

4.1. Learned Assistant Government Pleader submits that, during the course of investigation in Crime No. 135 of 2018, the documents referred to in the petition \{,ere seized liorn the petitioner and have been placed before the concerned Clourt, i.e., the leamed IV Additional Chief Metropolitan Magistrate, [{yderabad. 2

4.2. It is liuther subrnitted that, except for securing the petitioner's prescncc during the course of investigation, he has not been suurrroned or sub.jected to any further interference, and the allcgation that thc rcspondent police authorities are interfering with the dav-to-day lil'e olthe petitioner is unfounded. In the absence ol any acceptablc nrarcrial to substantiate the petitioner's contention, the Iearned .{ssistant Govemrnent Pleader prayed for dismissal ol thc y-rctition

6. I hai r- p.-rus..'d thc material available on record. 'l'lre pctitioncr has raised twofold contentions: firstly, that the responrlent policc authorities are interfering with his life and libcrtv; ancl secondli. that the documents seized from him were not dealt rvith in accordance rvith law. The explanation offered by the respondent police autl-rorities indicates that a crime has been registered against thc pctitioner and that his presence was secured only fol tlrc purposc of inquiry in connection with the said crirne Flaving rcuard to this position and in view of the settled legal principlc soverning the limits of police authority in matters\ at'fbcting pcrsonal lif'e and liberty, even during the course of 3 investigation, the respondent police authorities are directed to refrain from interfering with the personal life and tiberty of the petitioner, except in accordance with due process of law.

7. However, as the respondent police authorities have stated that the documents seized from the petitioner have already been I 1 produced before the competent Magistrate, the petitioner is at liberty to avai[ appropriate remedies before the Court belorv. 8 Accordingly, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shalt stand closed. SD/. T.SREENIVAS REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1 \ To,

1. The Principal Secretarv. Home Department, Secretariat Buildings, T.S.,Hyderabad.HyDERABAD , ,Ui!,.!^9gtol of potice, Speciat Operation Team, Rachakonda ^ uommtsstonerate, Cybereabad, Hyderabad 3 one CC to SRt. HntrunmrufHn iinoEi6Hrr.fn Advocate topucl 4. rwo ccs to Gp FoR HoME ,Hish bloJ;r'il;t#Siri;;l.idirnn"inu r, Hyderabad [OUTI 5. Two CD Coiies ' \ BM TKS I I HIGH COURT DATED:31 11012025 i) () '-) I \)t a 1r: S 2 4 l1[il ,( \)P,lrcr 1' .1.' ORDER WP.No.8524 of 2018 DISPOSING OF THE WRIT PETITION WITHOUT COSTS u$

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