M.Srinivas Yadav v. The State of Telangana

4. The Station House officer, Habibnagar P.S. Habibnagar, Hyderabad. 5. Smt. M.Lalitha, Wo Late M.Narsimha Yadav Aged about 76 years, Occ House wife R/o H.No. 5-6-825, Swamy Dayanand Nagar, Nampally, Hyderabad.

6. M.Prabhakar Yadav, S/o Late M.Narsimha yadav Aged 50 years, Occ Business R/o H.No. 5-6-825, Swamy Dayanand Nagar, Nampally, Hyderabad. 7. M.Laxman Yadav, S/o Late M.Narsimha yadav Aged 47 years, Occ Business R/o H.No. 5-6-825, Swamy Dayanand Nagar, Nampally, Hyderabad ...RESPONDENTS 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.4 in harassing the petitioner and his family members by calling the 4th respondent police station i e on 6-5-2025 al 12-30 PM, on 8-5-2025, 11-5-2025, 151512025, 17'5-2025 frequently and threatening to vacate the House and handover the keys of House : bearing No.5-6-8:21 s tuated at Swamy Dayanand Nagar' Namprally' Hyderabad as is illegal, arbtlrary and viotation of Articles' 14' 19 ancl 21 and 300-A of the constitution of rn,lia and consequenfly direct the respondert No 4 not to interfere intothecivilmattr:rinrespectoftheabovesaidhousepropertyofthepetitioner' IA NO: 1 0F 2021' Petition urder Section 151 CPC praying that in the circuml;;tances stated in the affidavit filed in support of the petition' the High Ccurt may be pleased to directtherespordenlNo.4nottointerfereintothecivilrnatterinrespectofthe petitionerHouseNo.5-6-32lsituatedatSwamyDayanandl''laJ;ar'Nampally' Hyderabad by c'alling the petitioner frequently to the '4th rest'ondent police stationintheint€|restcrfJusticependingdisposalofWritpetition, Counsel for the Petitioner: SRI G'ARUN KUMAR Counsel for the ResPondent No'1 to 4: AGP FOR HOME The Court made the following: ORDER I -7 TTIE HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.15 196 of2025 ORDER: This writ petition is filed for the following relief: "to issue Writ order or direction more one in the nature of Writ of Mandamus, declaring the action of the respondent No 4 in harassing the petitioner and his family memb"rs by calling the 4th respondent police station i.c., on-6.5.2025 at i2:30 pM on 8.5.2025, 11.5.2025, 15.5.2025, 17.5)025 frequently and threatening to vacate the House and handover it" t"y. of House bearing No.5-6_g2l situated at Swamy Dayanand Nagar, Nampally, Hyderabad as illega[ arbitrary and uiolation of Articles 14, 19 and 2l and 3004 olthe Constitution oflndia and consequently direct the respondent No.4 not to interlere into the civil matter in respect ofthe above said hotrse proper.ty of the petitioner.,,

2. Heard Sri G.Arun Kumar, learned counsel for the petitioner and the leamed Assistant Govemment pleader for Home appearing on behalf of respondent Nos.1 to 4.

3. Leamed counsel for the petitioner .submitted that respondent No.4 is calling the petitioner to the police Station and threatening him to vacate the house property and handover the same to the respondent Nos.5 to 7, without there being any complaint/crime registered against him and the same is contrary to law.

4. L"qgrg[ Assistant Government pleader for Home, basing on the instructions fumished by respondent No.4 submitted that respondent \ - No.5, who is the rnother of the petitioner lodged a cornplaint and basing on the said complaint, Crime No.98 of 2025 regi:;tered on "rras

12.05.2025, fbr rhe offences punishable under $ections 126(2),351(2) and 352 r/u'Se<:tion 3(5) of the Bharatiya Nyaya Sanhitha, .]023 and Section 24 ol tli,: Maintenance and Welfare of Pa,rents ar.d Senior Citizens Act. 2007 and the investigation is under prc)gress. I le fuither submitted that notice under Section 35(3) of BNSS has alrea,Jy issued to the petiticner on 12.05.2025 and petitioner has not appear,.)d befbre the lnvestigatinii Officer. 5 Taking into consideration of the facts and circumstan<:es of the case and withotrt going into the merits of the case. the petitioner is directed to aplxrar before the Investigating Officer or. or before

28.05.2025. On such appearance of the petitioner, the Inv,,:stigating Officer is direct-'d to scrupulously follow the procedure cont,rmplated under Sec lion 4 1 -A of the Criminal Procedure Cloc e. 1973 (Cr.P.C.)/Section 35(3) of BNSS and the guidelines issue,J b1' the Apex Courl in ,,lrrnesh Kumar vs. State of Biharr. ' (2014) 8 scc 273 I ) I

6. It is made clear that the petitioner shall cooperate with the Investigating officer for the investigation and make himself available to him as and when required and also provide the informationL/documents as sought by him to conclude the investigation 7 . If the petitioner fails to cooperate with the investigating Officer for investigation, the Investigating Officer is at liberty to take action against him in accordance with law.

8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/.V. KAVTTHA DEPUTY REGISTRAR SECTION OFFICER To, tariat Buildings, HYderabad, Hyderabad State of Telangana.

1. The Principal Secretary, Home Department' Se 2, The Commissioner of Police' Hyderabad Commissionerate Banjara Hills' 3. The Assistant Commissioner of Police Asifnagar division' Asifnagar' 4. The Station House officer, Habibnagar P S Habibnagar' Hyderabad' 5 One CC to SRI G ARUN KUTUAR' Advocate [OPUC] 6. Two CCs to GP FOR HOME' High Court for the State of Telangana at Hyderabad. Hyderabad [OUT] 7 Two CD CoPies BSR BS N_- HIGH COURT DATED:21 t0512025 t ORDER WP.No.15't196 of 2025 VACATION COURT /---= S IA j-E 1o+' { ?1 ilN1 zffi 5 21 \ f:l' ;>.{- * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I ?1. 6 t5