Sandaveni Srinivas v. The State of Telangana

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 a Writ of mandamus or any other appropriate writ order or direction it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondent No.3 in interfering with the personal life and liberty of Petitioner In respect of money transaction in between the Respondent no.4 and the petitioner, the respondent no.3 to interfere in a money transaction between the petitioner and the respondent No-4 which is purely in civil nature, on the influence of the Respondent 4 & 5 that the respondent No-3 making the criminal case settlement with the barrowed money of the petitioner, if the petitioner failed to pay the demanded amount the respondent No-3 threatening the petitioner, that they will included his name as accused in the FIR which is registered by the respondent No-5 against on the respondent No-4 at the respondent No-3 police station, which is illegal and contrary to law and infringement of Fundamental Rights of the Petitioners as guaranteed under Article 19,21 & 300-A of the Constitution of lndia 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 Respondent No.3 in interfering with the personal life and liberty of Petitioner ln respect of money transaction in between the Respondent no.4 and the petitioner, as the petitioner as no where related to the money and other issues in between the respondent no.4 and the respondent no.5 who is who is alleged as the victim of respondent no.4 influencing the respondent no.3 to interfere in a money transaction which is purely in civil nature, on the influence of the Respondent no.4 & 5 that the respondent No-3 making the criminal iase setflement with the barrowed money of the petitioner, if the petitioner failed to pay the demanded amount the respondent No-3 threatening the petitioner, that they will included his name as accused in the FIR which is registered by the respondent No-S against on the respondent No-4 at the respondent No-3 police station, which is illegal, pending disposal of the above writ petition Counsel for the Petitioner: SRl. PAGILLA JAYANTHI C6unsel for the Respondent Nos.1 to 3: SRI c.ANIKETH REDDy AGp FOR HOME Counsel for the Respondent Nos.4&5: -- The Court at the stage of admission made the following: ORDER .,. THE HON'BLE SRI ]USTICE T. VINOD KUMAR Writ Petition No. 10115 of 2O25 ORDER: Heard learned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent ofthe 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 unofficial respondent Nos.4 and 5 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that the respondents-authorities are interfering with the personal life and liberty of the petitioner and threatening him that he would be implicated in the FIR registered against the 4th respondent herein, if the petitioner does not pay the money due to the 4h respondent to the 5th respondent.

4. Petitioner fufther contends that the petitioner is no way connected with the crime registered against the 4th respondent, vide Crime No.9B of 2025 dt.20.03.2025, which has been registered based on the complaint made by the 5th respondent herein and thus, the action of the l 2 respondents in interfering with the personal life and liberty of the petitioner is highly illegal, arbitrary and violative of Articles 19,21 and 300-4 of the Constitution of India.

5. Per contra, learned Assistant Government pleader for Home appearing on behalf of respondent Nos.I to 3 submits that on the respondents-authorities registering a case, vide Crime No.9B of 2025 dt.20.03.2025 against the 4th respondent herein, during the course of investigation, found,the involvement of the petitioner in the commission of the aforesaid crime and accordingly, the petitioner has been arrayed as accused No.5 therein.

6. Learned Government Pleader would further submit that since the petitioner has been arrayed as accused No.5 in the aforesaid crime, the petitioner has come up with the present Writ Petition claiming that he is not involved in the aforesaid crime only to prevent the authorities from investigating into further in the matter.

7. The aforesaid submission made by the learned Government pleader for Home is taken on record. B. Having regard to the submissions made as above, though the petitioner had claimed of his non-involvement in the commission of crime by the 4th respondent, since, it is revealed that the petitioner having been arrayed as one of the accused i.e. accused No.5 in the aforesaid crime, iq{*F-d*+!7 ::cF?-$.fr / 3 registered on the file of the 3'd respondent authority, this Court is of the view that the respondents-authorities are to be directed to conduct investigation into the aforesaid crime and take action strictly in accordance with law.

9. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.A. SRINIVASA REDDY s STANT REGISTRAR ECTION OFFICER To,

1. The Principal Secretary to Home Department' TS Secretariate' Hyderabad' 2. The Superintendent of Police, suryapet dist' 3. The Station House Officer, Kodad town, Suryapet'Telangana' 4. One CC to SRl. PAGILLA JAYANTHI Advocate [OPUC] 5.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelangana.[oUT] 6. Two CD CoPies ic-- KKS LS HIGH COURT I DATED:0410412025 ,) ORDER WP.No.10115 of 2025 1 HE STA e ?6 nPP , DISPOSING THE WRIT PETITION WITHOUT COSTS (L t6 L\ 2rS