The High Court · 2025

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 lssue an appropriate writ or order or direction more particular in the nature of Writ of Certiorari to quash FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad, 2nd Respondent herein' and issue consequential directions, I I I A. To call for the records in FIR No.1 84/2016 dated 01 .04 2C 6 registered on the file of lrtladhapur P.S., Hyderabad 2nd Respondent herei I and the connected records thereto, B. And to quash the FIR No 184/2016 dated 01.04.2016.e r stered on the file of lvladhapur P.S., Hyderabad, 2nd Respondent herein as b:.tg illegal in nature, arbitrary, and in violalion of Art. 19(1Xg) and 21 ot the Const .]tion of lndia , and C. To declare that the business activities of the Petitioner ,os. 1 to 4 does not violate any provisions of the lndian Penal Code as n ( rtioned in the said advertisement issued by the investigating authority and D. ln the alternative, be pleased to permit compounding of 1l- : offence in so far as the complainant and cited witnesses are concerned E Direct the respondent to grant to the Petitioners a rr:: sonable time of two weeks before taking coercive steps as regards allegatior s made in connection with the business carried on by QNETA/ihaan F. That in alternative to the prayer for quashing and D: laration and without prejudice to the same, direct that atl complaints (F t \os.11212016 dated 12.O5.2016 on file of CCS P.S., Hyderabad, FlR.No.258/itr 15 dated 13.10.2O15 on file of CCS P.S., Hyderabad, FlR. No.326/20'15 dated 3.06.201S on file of Krishna Lanka P.S., Vijayawada, FIR-No.166/20.16 datec ].02.2016 on fite of Kukatpally P.S, Cyberabad, FlR.No.7312016 dated 13.04:t, 16 13.04.2016 on file of Madannapet P.S., Hyderabad, FlR.No.84/2016 dated g Ot.2O16 on fite of Nadigudem P.S., Nalgonda District, FtR.No.644t2O16 dat€ ( 1 .1 .08.2016 on file of KPHB Colony P.S., Hyderabad, FlR.No.41212016 dated 0 j 10.2016 on the file of MuvvalavaniPalem P.S. Visakhapatnam, FlR.No. 635l2oj( dated 02.08.2016 on the file of the Banjara Hills P.S., and FtR No.184/21 6 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad, regist red so far to the best of the knowledge of the Petitioners) be clubbed together l.A. NO: 3 OF 2016[WPMP. NO: 45458 OF 2016) 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 stay all further proceedings including arrest of the Petitioner Nos. 1 to 4 in FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad 2nd Respondent herein, and the (PT) Transit Warrant, and further direct the Respondents to grant to the Petitioners a reasonable time of two weeks before taking coercive steps as regards allegations made in connection with the business carried on by QNET/Nihaan l.A. NO: 1 OF 2016(WVMP. NO: 4477 OF 20161 Between: 1 . The State of Telangana, Rep. by the Principal Secretary, Home Department, T-Secretariat, Hyderabad.

2. The Station House Officer, Madhapur P.S., Hyderabad., - ....Petitioners/Respondents 1 and 2 AND

1. Malckolm N. Desai, Aged about 45 years, S/o. Nozer K. Desai, Occ Business, R/o.302, Parishram, 40, Pali Hill, Bandra West, Mumbai-0s0.

2. Michael Joseph Ferreira, Aged about 79 years, S/o. Late Joseph Thomas Ferreira, Occ Sportsman, R/o. Rest Hanow, 187-B, Ground Floor, DMonte Park Road, Off Turner Road, Bandra- West, Mumbai- 050, Maharashka. 3. Srinivasa Rao Vanka, Aged about 51 years, S/o. Vanka,Occ Business, Ryo.303-A, Raghuram Regency, MSR Road, Gokula, Bangalore- 054.

4. iliagarul V.Balaji, Aged about 45 years, Occ Business, R/o. C/003, The Caopy, Agra Main Road, Bapusapalaya, Bangalore-043.

5. Nozer K. Desai, Aged about 65 years, Occ Business, Rl/o.302, Parishram,40, Pali Hill, Bandra West, Mumbai-050. ...Respondents/Petitioners 6. Raghavendra Pavan Kumar, Aged about 32 years, Occ Private Employee, No. 15-21, 15O115-1 , Flat.No.302, Singisetty Nivas, Serilingampally, (R 6 is not necessary party to this petition) .RespondenURespondent No.3 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 vacate the interm order passed interim orders passed in \\r No 36903 of 2016 dt.27.10.2016 Counsel for the Petitioners : SRI N ASHWANI KUMAR (NC- PRESENT) Counsel for the Respondent Nos. 1 & 2: SRI M. SRIN VAS \cp FOR HOME Counsel for the Respondent No. 3: --- The Court made the following: ORDER THE HONOT'RABLE SRI JUSTICE N.TUKARAMJI WRIT PEf,ITION No.369O3 OF 2Ol5 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- '...lssue aI appropriate writ or order or direction more particular in the nature of writ of Certiorari to quash FIR No.l84/2016 dated 01.O4.2O16 registered on the file of Madhapur P.S., Hyderabad, 2nd Respondent herein, and issue consequential directions, A- To call for the records in FIR No.l84/2016 dated O1.04.2016 registered on the file oI Madhapur P.S., Hyderabad 2nd Respondent herein and the connected records thereto, B. And to quash the FIR No. I84/2016 dated 01.04.2016 registered on the ltle of Madhapur P.S., Hyderabad,, 2nd Respondent herein as being illegal in nature, arbitrary, and in violation of Art. l9(1Xg) and 2l of the Constitution of India , and C- To declare that the business activities of the Petitioner Nos. 1 to 4 docs not violate any provisions of the Indian Pena-l Code as mentioned m the said advertisement issued by the investigating authority ard In the alternative, be pleased to permit compounding of the offence ir so far as the complainant and cited witnesses are concemed E. Direct the respondent to grant to the Petitioners a reasonable time of two weeks before taking coercive steps as regards allegations made in connection with the business carried on by QNET/Vihaan F. That in alternative to the prayer for quashing ajld DeclaraLion arld without prejudice to the same, direct that a.11 complaints (FIR-Nos- I12/ 20 16 datcd 12.05-2O16 on file of CCS P.S., Hyderabad, FIR.No.258/2O15 dated 13. I0.2015 on hle of CCS P.S., Hydcrabad, FIR.No.326l2015 dated 13.06.2015 on file of Krishna tanka P.S., Vijayawada, FIFt-No.166/2016 datcd 27.02.2C-16 on l-rle of Kukatpally P.S , Cybcrabad, FIR-No.73/2016 dated 13.04.2O16 13.O4.2016 on file of Madannapet P.S-, Hyderabad, FIR.No.84/2016 dated 19.07.2016 on file of Nadrgudem P.S., Nalgonda District, FIR.No.644/2016 dated 11.08.2016 on file of KPHB Colonv P.S., Hyderabad, FlR.No.412l2016 dated 06 10.2016 on the file of MuwalavaniPalem P.S. Visakhapatnam, FIR No. 635/2016 datcd O2.Oa.2016 on the f e of the Banjara Hitls P.S., and FIR No.184/2016 dated O1.O4.2O16 registered on the file of Madhapur P S., Hydcrabad, registered so far to the best of the knowledge of thc Petitioners) be clubbed together arld pass...."

2. None appeared on behalf of the petitioners.

3. Heard Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.l arrd 2. J 2

4. 1. lrarned Assistant Government Plead,: for Home submits that in the present writ petition, a.n nterim order staying all further proceedings was granted b1 his Court on

27.7O.2016. Subsequently, by order dated t.f 12.2016, tlre said interim order was modified, permitting thr Investigating Officer to proceed with the investigation but v ithout taking aly coercive steps against the petitioner/accur; d.

4.2. It is further submitted that the petitior r r, along with certain others, had approached the Hon'ble Ii Lpreme Court of India by filing Writ Petition (Criminal) li .31 of 2017, wherein, by order dated 27.03.2017, ttre Hcr 'ble Supreme Court was pleased to stay all further p oceedings in connection rrgith 19 FIRs registered against r e petitioners, including the crimes referred to in the preserr writ petition. It is also stated that the petitioners have Sinr r been granted bail in al1 the said matters.

4.3. In view of the pendency of the writ proc :edings before the Hon'ble Supreme Court and the comp :hensive stay order passed therein, the learned Assista: Gt>vernment Pleader contends that continuation of th: present writ 3 - petition would serve no useful purpose' as the subject matterstandssubsumedintheproceedingsbeforetheApex Court. Accordingly, he prays that the writ petition be disposed of in light of these developments'

5. I have perused the material placed on record'

6. Having considered the submissions of the learned Assistant Govemment Pleader for Home' and in view of the fact that the issues raised in the present writ petition are a-tready under consideration before the Hon'ble Supreme Court of India in W.P. (Criminal) No'31 of 2OL7 ' which covers the very same FIRs and allegations forming the basis of this petition, this Court is of the considered opinion that continuation of these proceedings would be redundant' 7 . Accordingly, this Writ Petition is disposed of in view of the pendency of the connected matter before the Honble Supreme Court. There shall be no order as to costs

8. However, it is made clear that the rights of the petitioners are reserved to seek revival of this writ petttron or to Iile any appropriate petition before the competent Court' k f 4 as may be warranted, subject to and in accordir rce with the lrnal outcome of W.P. (Criminal) No.31 of 2( 17 pending before the Honble Supreme Court. Miscellaneous Petitions, pending if any shall stand closed. To, S S ! ALLIKARJUNA RAO S STANT REGISTRAR q ---7 //TRUE COPY// SECTION OFFICER

1. The Princrpal Secretary, Home Department, Secr 'tariat' The Telangana, Hyderabad. State of

2. The Station House Officer, Ir,'ladhapur P.S., Hyderaba'l - 3 One CC to SRI N ASHWANI KU[/AR, Advocate [OP|J )] 4. Two CCs to GP FOR HOME, High Court for the Stato )f Telangana 5. Two CD Copies PVL \+ a I i I I t t I I i j HlGH COURT DATED:1 511012025 ORDER WP.No.36903 of 2016 I -la ,iio* ESI () :t .l I Li:E, 2ill5 * PATC r)}. *. DISPOSING OF THE WRIT PETITION WITHOUT COSTS *.ofd Fo-no