✦ High Court of India · 25 Apr 2025

High Court · 2025

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Bench
Not available
Length
1,151 words

6. The Station House Officer, Central Crime station, Basheerbhagh, Hyderabad 7. Sri. Tallapally [\/ahender, S/o. Late T. Narayana age!. 42 Ye_ars Occ Business Rid. H. No. 20'1 , Premchand Apartments, Behind Platina, Gachi Bowli' HYderabad ...RESP.NDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order, or direction, more particularly one in the nature of Writ of lvlandamus, declaring the action of Respondent No.6 - the Assistant Commissioner of Police, EOW.TEAM-ICCS, Hyderabad District in interfering with purely civil disputes between the Petitioners and Respondent No.7, and in threatening the Petitioners to compromise such disputes, despite the fact that a charge sheet has already been filed and is pending before the Hon'ble Xll Additional Chief Metropolitan fvlagistrate, Nampally, Hyderabad in C.C. No. 4Og ot 2025, as highly illegal, arbitrary, u nco nstitutional, unjust, and in I I violation of the principles of natural justice as well as Articles 1a, 16, 1g(1Xg), and 300-4 of the Constitution of lndia and consequently, direct Respondent No.6 not to interfere in the civil disputes relating to the Petitioners' open plots in Sy. Nos. 274 to 283, situated at Kongara Kalan, Ranga Reddy District. 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 restrain Respondent No.6 from further interference in the civil disputes pertaining to the open plots in Sy. Nos. 274 to 283, situated at Kongara Kalan, Ranga Reddy District particularly when the criminal case is already pending in C.C. No. 409 of 2025 before the Hon'ble Xll Additional Chief Metropolitan lvlagistrate, Nampally, Hyderabad, which is posted for hearing on 24.04.2025. Counsel for the Petitioner: M/s KADEKA SAI PRIYA Counsel for the Respondent Nos.1 TO 6: GP FOR HOME Counsel for the Respondent No.7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition N ,L2632of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 6, and with the consent of the learned counsel appearing for the pafties, 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 No.7 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, based on the complaint of the 7th respondent, have registered a case vide, Crime No.7B of 2024 dt.02.03.2025; and that the authorities, after conducting investigation into the aforesaid crime registered, have already filed charge sheet before the concerned Magistrate and on filing of the aforesaid charge sheet, the case was assigned CC No.409 of 2024 on the file of XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

4. It is the further contention of the pefitioner that though the respondents-authorities having filed charge sheet after conducting 2 investigation into the aforesaid crime are interfering in the civil dispute and are coercing the petitioner to setfle the dispute with the 7h respondent, which action of the respondents-authorities it is contended as highly illegal, arbitrary and without any sanction/authority of law.

5. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 6 while denying the writ averments, would submit that the respondents-authorities on registering a case vide Crime No.7B of 2024 dt.02.03.2024, after conducting investigation thereinto have field charge sheet before the concerned Magistrate, and the said case having been assigned CC No.409 of 2025, there is no necessity or warrant for the authorities to interfere in the civil dispute or coerce the petitioner to settle civil dispute with the 7th respondent.

6. Learned Government Pleader further submits that the respondents- authorities are not interfering in the civil dispute that may exist between the petitioner and the unofficial respondent herein, nor called the petitioner to the police station. 7 . The aforesaid submission made by the learned Government pleader for Home appearing for respondent Nos.1 to 6 is taken on record. B. Having regard to the submissions made as above, since it is now stated before this Couft of the respondents-authorities having registered a case vide Crime No.7B of 2024 dt.02.03.2024 and having filed charge i , I I I l i t, To sheet in the aforesaid crime before the concerned Magistrate, this Court is of the view that the respondents-authorities are to be directed not to interfere in the civil dispute that between the petitioner and the 7th respondent.

9. Subject to the 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. SD/. P. ADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY// , SECTION OFFICER 4 ariat Building, Secretariat, Hvderabad, State of Telangana.

1. The Principal Secretary, Home Department, Se 2 iil-Di&4dr General of PoIice, Telangana, Hyderabad' 5. iil; C;;ssioner of potice' Hyoeraoad Police Comissionerate' Hyderabad District. ir.,! ij"prtv commissioner cf police, Hyderabad police comnrissionerate, Hvderabad District. it;;;;[Ir;i Co-mmissioner of Police, cCS, EoW rEAt\'4 - I Hvderabad District. i6t'5trtion House Officer, central crime station, Basheerbhagh, Hyderabad oni bc to M/s. KADEKA SAI PRIYA' Advocate LoPUCi- il; cc.i" GF rbn Hove, High court for the State of Telangana' at Hyderabad. [OUT] Two CD Copies 5 6 7 8 I PSK. GJP i I I I I i t I I ! i ! i i i t I i I I I I I I i I I HIGH COURT DATED:2510412025 ORDER WP.No.12632 of 2025 c1 L ^ * P. TIIE S T1 1E JUr 20fr (, -\' * i) lfnJC14 ::.1 s-- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ ?--"

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