High Court · 2025

Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of [\ilandamus, by declaring the action of the respondent No. 4 to sand his staff to harass the Petitioner and his family members at the instigation of Respondent 6 to 7 by calling to police station without following due process of law in connection with the case in Crime No. 10712025 Mandamarri Police station, Ramagundam Police Commissionerate, Mancherial District as illegal, arbitrary and against the principles of natural justice and u nconstitutional. Consequentlyl) to direct the respondent 4 to 5and their staff not to harass the Petitioner and their family members by calling to police station in connection with the case in Crime No. 10712025 of l\/andamarri Police station, Ramagundam Police Commissionerate, Mancherial District without following due process of law by insisting to setfle financial dtsputes with the respondent No 6 and 7 at their terms and conditions, 2) to direct the respondent No.4 to 5 not to register any further criminal cases against the petitioner basing on false complaint lodged against her without preliminary enquiry and genuinely of the facts. 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 the respondent 4 to 5 and their staff not to harass the petitioner and their family members by calling to police station in connection with the case in Crime No. 1O712025 of Mandamarri Police station, Ramagundam po ce Commissionerate, IVlancherial District without following due process of law by insisting to setfle financial disputes with the respondent No 6 and 7 at their terms and conditions, forthwith. Counsel for the Petitioner: SRI Dr CHALLA SRINIVASA REDDy Counsel for the Respondent Nos.1 TO 5: GP FOR HOME Counsel for the Respondent Nos.6 & 7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 12499 of 2025 ORDER: Heard Dr. Challa Srinivasa Reddy, learned counsel for petitioner, and learrred Assistant Government Pleader for Home

2. This Writ Petition is filed to declare the action of respondent Nos.4 and 5 and their staff in harassing petitioner and her family members at the instance of respondent Nos.6 and 7 as illegal

3. Petitioner contended that respondent Nos.4 and 5 are calling herself and her family members to the Police Station and obtained signatures on blank cheques and papers. They are not permitting the petitioner and her brother to go through the documents. There is a specific assertion to that effect in paragraph No.9 of the wdt affidavit.

4. Perusal of the record would reveal that on the complaint lodged by 6th respondent, Sub-Inspector of Police, Mandamarri Police Station, registered a case in Crime No.107 of 2025 2 KI, J w.P.No.12.+99 of2025 against petitioner and 3 others for the offences punishable under Section 318(a) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). The allegations levelled against petitioner and others are that petitioner and others made the people of Mandamar:ri believed their version of bringing the gold for less cost. 6'h respondcnt also believed the version of petitioner and others as petitioner had brought gold of 2 tulas to her for Rs.85,000/-. There onwards, petitioner starled pressurizing 6'l' respondent by promising that she could arrange the gold of 40 tulas for Rs.30,00,000/- and she made 6ft respondent believed by staying in her house for 20 days. 6th respondent gave an amount of Rs.46 lakhs by way ol transfer i.e., through RTGS from the SBI account of her son viz., Phanishwar, to the petitioner's account bearing No.50100651543066 and an amount of Rs.25,00,000/- on

03.04.2025 and another amount of Rs.5,00,000/- was sent to petitioner from the account of 6th respondent i.e., 000000020058716529 on the same day. Approximately one year back, cash of Rs. 10,00,000/- from her mother, Adicherla Shankaramma, and another amount of Rs.6,00,000/- from her 3 KL, J W.P.No- 12499 of 2025 sister, Dasi Padma, was given to petitioner. From that day onwards, petitioner kept her phone silent and trying to escape from them. Thereupon, Sub-Inspector of Police, Mandamarri Police Station, registered the aforesaid Crime No.107 of 2025 from petitioner and others for the aforesaid offences.

5. Leamed Assistant Govemment Pleader for Home produced written instructions along with a copy of Notice for Appearance by the Police dated 15.04.2025 issued by the Sub-Inspector of Police, Mandamarri Police Station. According to the learned Assistant Government Pleader for Home, investigation in the subject crlme ls pending. Investigating Officer has recorded the statements of tluee witnesses. Allegations made by petitioner in the writ affidavit are false. The Investigating Officer is conducting investigation strictly in accordance with law. The Investigating Officer has already served notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to petitioner and other accused directing them to appear before the Investigating Officer on 17 .04.2O25 for the purpose of investigation. Neither 4 KL, J W-P.No 12499 of 2O25 the Investigating Officer nor 5th respondent harassed the petitioner as alleged in the writ affidavit. The aforesaid written instructions and a copy of notice dated 75.04.2025 are placed on rccord

6. Leamed counscl for petitioner, on instmctions, would submit that petitioner was not served with any notice much less notice dated 15.04.2025 issued by the Investigating Officer under Section 35(3) of BNSS

7. Perusal of the aforesaid notice dated 15.04.2025 would reveal that petitioner and other accused have received the said notlce

8. It is relevant to note that by the aforesaid notice dated

15.04.2025, the Investigating Officer has directed petitioner and other accused to appear before him on 17.04.2025 for the purpose of investigation. However, petitioner did not disclose the same. She has only stated that respondent Nos.4 and 5 are harassing her and her family members at the instance of respondent Nos.6 and 7. l l i I t i 1 I I I I , I . "l*ri8-_-'1r7 , ,:.ti: . .,), . :'- .17 5 KI-, J w-P.No.12499 of2o2s

9. In the light of aforesaid discussion, this Writ Petition is disposed of directing the Investigating Officer to conduct investigation ln respect of Crime No.107 of 2025 of Mandamarri Police Station, strictly in accordance with law. Petitioner shall cooperate with the Investigating Officer in concluding the investigation. There shall be no order as to Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/- P. PADMANABHA REDDY PUTY REGISTRAR SECTION OFFICER t, Hyderabad, State of i " ". n e r o f p o I i ce, Ra m a g u nd a m p o I i ce Co m m i s s i o n e ra te, O/o. at The Principal Secretary, Home Department, Secre Telanoana. if li'i%h* ii i Coaavarii<nani town, Peddapalli District, T G' i# nlliii""i io*nli..ion"i of potice, bellampalli, Ramagrndam Police Cffi;i;;il;rrr.", olo. at Bellarnpalli, Mancheria! District' T'G' . ff;'ii;;6i;;peiior, rrlano-amitripoti"e station' o/o at Mandamarri' ttilancherial District,T. G. tirl'5 f'ol rr/I jnor*r"t potice station, o/o. at Mandamarri, lVlancherial District.T.G. 5',iJ'6i l""sRl Dr GHALLA sRINIVASA REDDY, Advocate [oPUC] . i;; d6r'i"-cE FoC Horrlr, nish court for the State of relansana' at Hyderabad. [OUT] . Two CD CoPies To 1 2 3 4 q r) 7 B PSK. GJP HIGH COURT DATED:2410412025 ORDER WP.No.12499 of 2025 l .s. .r \),( I,J 03 sEP zffi ^^_ i I I I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ 2,o