✦ High Court of India · 10 Apr 2025

1. Maddineni Rajesh v. 1. The State of Telangana

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
Bench
Not available
Length
1,358 words

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus challenging the action of Respondent Nos.4 and 5 calling upon the Petitioner No.1 to appear before the Police in connection written complaini dated 04.O3.2O25 to register FIR and to conduct investigation on Unofficial Respondents with regard to illegal demolition of Petitioners partnership firm, plant, equipm6nts and machinery on 03.03.2025, situated at Sy.No.493, Basurgadi Village, Gowdavalli Mandal, Medchal-Malkajgiri District, and further threatening to arrest the Petitioners by implicating the Petitioners in false case at the instigation of Unofficial Respondents as illegal, arbitrary and in gross violation of principles of natural justice and without following due procedure of laW and to consequently direct the Respondents No.2 to 3 to conduct enquiry on Respondents No.4 and 5 who threatened to arrest the petitioners herein on 29.03.2025 without there being any offence against the Petitioners by examining the CC TV footage dated 29.03.2025from 11.00 a.m. to 7.00 p.m., wherein the Petitioners were made to sit in the Police Station for demanding to register FIR against Unofficial Respondents herein. lA NO: 1 OF 2025 Petition under Section 15'l 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 3 to conduct enquiry on Respondents No.4 and 5 who threatened to arrest the Petitioners herein on 2g.03.2025 without there being any offence against the Petitioners by examining the CC TV footage dated 29.03.2025 from 11.00 a.m. to 7.00 p.m., wherein the petitioners were made to sit in the Police s-tation for demanding to register FIR against Unofficial Respondents herein, pending disposal of the main writ petition. lA NO: 2 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.4 and 5 not to arrest the petitioners herein without following due procedure of law without there being any registered complaint against the Petitioners herein, pending dis posal of the main writ petition Counsel for the Petitioner: SRI J.RAMMOHAN RAO Counsel for the Respondent No.1 to 5: GP FOR HOME The Court made the following: ORDER . ,,. THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. to755 of2 o25 ORD ER Heard learned Counsel for the pedtioners, learned Government pleader for Home appearing.for the official respondent Nos. 1 to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage

2. Having regard to the manner of disposal ol_the Writ petition and the nature of lzs involved, this Court is of the view that notice to unofhcial respondent Nos.6 to g is not neccssarv for adjudication of the present Writ petition. 3. The case of the petitioners, in brief, is that earlier on they approaching the respondents_authorities by submitting a representation, dt.O4.O3.2O2S, to take action against the unofficial respondents herein; that on the respondents_authorities not taking any action thereon, the petitioners hauing approached this Court by filing a writ petition urde w.p.No.B952 of 2o2s; and that this Court by order, dt.25.O 3.2025, had disposed ol_ the said writ petition granting liberty to the petitioners to avail the remedies as provided under BNSS.

4. Petitioners further contend that after this Court disposing of the aforesaid writ petition, they have receivcd a phone carl from ; .F --:. .r respondent Nos.4 & 5 calling them to the police station, pursuant to which, they had visited the 4s respondent-police station on

28.O3.2025 and 29.O3.2025, whereat the respondents-authorities made the petitioners to sit in the police station from morning till night, without registering FIR against the unofhcial respondents. 5 Petitioners further contend that the respondents instead of taking action on the complaint made by the petitioners on O4.O3.2O25 are seeking to arrest the petitioners, u,ithout there being a case registered against them, which action of the respondents it is contended as highly illegal and arbitrary.

6. Per contra, learned Government pleader for Home appearing for official respondents while denying the writ averments would submit that the petitioners were called to the poiice station only in connection with the complaint/ representation submitted by them on 04.O3.2025 for the purpose of causing preliminary enquiry, to verify as to the correctness of the contents of the said complaint. 7 . Learned Government Pleader futther submits that the respondents-authorities after causing preliminary enquiry on

24.03.2025 and 29.03.2025 have closed the aforesaid complaint lodged by the petitioners as 'civii in nature,.

8. Learned Government Pleader further submits that except causing preliminary enquiry into the aforesaid complaint, are not <.._ & '.,:. taking any coercive action against the pedtioners as being claimed by them, and the present Writ petition is only liled making false allegation of respondents_authorities trying to arrest the petitioners without there being a case registered against them. 9. The aforesaid submission made by the learned Government Pleader for Home is taken on record. 10. Having regard to the submissions made as above, and taking note of the fact that as of date no case is registered against the petitioners and insofar as the complaint given by the petitioners is concerned, the same having been closed as tiv in nature,, this Court is of the view that the respondents-authorities are to be directed not to interfere with the life and liberty of the petitioners, except ln accordance with law. I 1. Insofar as closing dr.04.03.202S, as .civil in liberty to avail remedies open to them under BNSS the complaint of the petitioners, nature', the pedtioners are granted

12. Subject to the Petition is disposed of. above observation and direction, the Writ No order as to costs. 13 Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/-T. JAYASREE PUTY REGISTRAR ECTION OFFICER To, 1 The Principal Secretary, Home Department, Secreta at, Hyderabad, State of Telangana.

2. The Commissioner of Police, Cyberabad, Gachibowli, Hyderabad. '';=,*llaki*&;i ;fuiu.ek ,sI*& l I .,-.J /./

3. The Depu{y Commissioner of police, Medchal Division, Hyderabad. 4. Ther.Station House Officer, Medchal police Station, Medchal _ Malkajgiri 5' The srb-rnspector of porice, Medchar porice station, Medchar - Markajgiri / 6 7 One CC to SRt J.RAMMOHAN RAO, Advocate tOpUCl Iy&r:ff.|""ffi FoR HoME, High courr ror the state or retangana at Two CD Copies B BSR LS w ",:l*;il,rt.d&&*n,*.,,..:;,i*=&#ix,l*#h&*. I HIGH COURT ( DATED:10 10412025 ORDER WP.No.10755 of 2025 /a' -. I /; i CIE .tAY 2125 * a6s pat ct'\ r-O t ,+ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\ .rd4 #*

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