✦ High Court of India · 02 Apr 2025

The High Court · 2025

Case Details High Court of India · 02 Apr 2025
Court
High Court of India
Decided
02 Apr 2025
Bench
Not available
Length
1,085 words

2.Sri.KowalaquntaSureshBabu,S/oSivaPrasad,Agedabout44years,occ. ,- E;;i;;ll, ?irt'rlo.zot, arindavan Residencv, Javabheri Park' Kompallv' Hyderabad -500010. ...PETITIONERS AND l.TheStateofTelangana,Rep.byitsPrincipalsecretary,HomeDepartment' Oi. g.n. Ambedkar Telangana Secretariat, Hyderabad'

2. The commissioner of Police., Hyderabad city Police commissionerate, - CdrntnunA AnO- Controt Centre r6langana Poli-ce, Road No 12, Bhavani Nagar. Banjara Hills, Hyderabad, Telangana 500034' 3. The Circle lnspector, Abids Police Station, Hyderabad' 4. Smt. Sarita Garg, W/o Sri Rakesh Garg. Aged -abqYt 99 ,yeaIPt pjg Household, R/o Flat No.G2105, My Home Enoqa' Beside tsiodrventy P-a-rK' Uii;;-G;r; Craft-Village, niiecn citv, Rai Durg, Hvderabad -500032' Telangana. - er.in"l., Ryo rtSi tto.Gzt05, My Home thgot3, Beside Biodiverity l-a1[' 5. Sri. Rakesh Garg, Sio Not known to the petitioners ASg9 .Major' Occ' sii;;' cArii ciart-vlrrage, Hiteih citv, Rai Durs, Hvderabad -500032' Telangana' ...RESP.NDENT. 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 writ, order or direction especially one in the Nature of writ of Mandamus declaring the action of the respondents 2 and 3 especially the 3rd respondent in interfering with the civil dispute pending between the petitioners and respondents 4 and 5 by making calls and calling the husband of the 1st :i petitioner to the 3rd respondent police station and forced him to sit in the police station till evening without any valid reasons, without any registration of FlR, interfering in day to day activities of the petitioners on the instigation of the respondents 4 and 5 is illegal, arbitrary, unjust, unreasonable and against the principles of natural justice and further declare the action of the Sth respondent in threatening the petitioners and the husband of the 1st petitioner with dire consequences with the help of 3rd respondent is also illegal and arbitrary and consequently direct the respondents 2 and 3, particularly the 3rd respondent not to interfere with the civil dispute pending between the petitioners and respondents 4 and 5 by calling the husband of the 1st petitioner to the 3rd respondent police station by interfering with the day to day activities of the petitioners without any valid reasons in the interest of justice and equity. IA)NO: 1 0F 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 respondents 2 and 3, particularly the 3rd respondent not to interfere with the civil dispute pending between the petitioners and respondents 4 and 5 by calling the husband of the 1st petitioner to the 3rd respondent police station by interfering with the day to day activities of the petitioners without any valid reasons, pending disposal of the main writ petition. Counsel for the Petitioner : SRI Y.BALA MURALI Y Counsel for the Respondents No.1to3 : GP FOR HOME Counsel for the Respondents No.4&5 : -- The Court made the following: ORDER K:,ry HON'BLE SRI JUSTICE T. VINOD I(UMAR WRIT PETITION No.9909 of 2025 ORDER: Heard leamed counsel for petitioners and leamed Govemment Pleader for Home appearing on behalf of respondent Nos.1 to 3, and perused the record. With the consent of the counsel appearing lor the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the nature of 1us involved and the manner of disposal of the Writ Petition at the admission stage, this Court is of the view that notice to unofficial respondents is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners in brief is that respondent Nos'2 and 3 are interfering in the civil disputes by calling the l't petitioner's husband to the 3'd respondent Police Station without there being any crime registered against them and coercing him to settle the civil dispute at the behest of respondent Nos.4 and 5, which action of the respondent authorities it is contended as highly illegal, arbitrary, unjust, unreasonable and against the principles of natural justice.

4. Per contra, learned Govemment Pleader for Home appearing on behalf of respondent Nos.2 and 3 submits that based on the ./ 2 complaint made by respondent Nos.4 and 5, the authorities have registered a case vide Cr.No.65l2025 dated 20_03_2025 on the file of 3'd respondent Police Station and took up investigation.

5. Leamed Govemment pleader for Home.would further submit that the authorities for the purpose of investigating into the aforesaid crime registered, have called the petitioner to police Station. and except investigating into the aforesaid crime, the authorities are not interfering in the civil disputes that may exist between the petitioner and unofficial respondents herein.

6. The aforesaid statement made by the learr-red Governrncnt Pleader appearing on behalf of respondent Nos.l to 3 is placed on record

7. Having regard to the submissions made as above, as it is now informed to the Court of the unofficial respondents having lodged a complaint against the petitioners, resulting in registering of a case vide cr.No.64/2024 dated 230-03-2025 wherein the l'r petitioner herein is arrayed as A-l while the 2nd petitioner is arrayed as A_4, this Court is of the view that the respondent authorities are to be directed to conduct investigation into the aforesaid crime strictly in accordance with law 3

8. Subject to above observation and direction, the Writ Petition is disposed of. No costs.

9. Consequently, miscellaneous petitions, if any pending shall stand closed. To, //TRUE COPY// SD/.K.AMMAJI PUTY REGISTRAR D ECTION OFFICER 1 The Principal S9creJ9ly., Home Department, Dr. B.R. AmbedkarTelangana Secretariat, State of Telangana, Hyderabad. The Commissioner of Police, Hyderabad City police Commissionerate, Command And Control Centre ielangana p6lice, Road No. 12, Bhavahi Nagar. Banjara Hills, Hyderabad, Telangana 500034. The Circle lnspector, Abids Police Station, Hyderabad. One CC to SRI Y.BALA MURAL|, Advocate tOpUCI Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] Two CD Copies.w 2 .) 4 5 o BSK LS l HIGH COURT DATED:0210412025 i 0 5 r,tAy 2U5 ( '!, 7 /-)A s,. * ORDER WP.No.9909 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Ni ott 4-{

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