1. Mr.Sreenivas Kandrika v. 1. The State of Telangana
Case Details
Acts & Sections
5. Mrs.Surepally Sreelatha, w/o Mr.S.Venkatesh, aged 36 yrs, Occ House wife, R/o.H.No.C-3., Plot No.4, lll Floor, Prasanna Apts, Seetarampur, Old Bowenpally, Secunderabad
6. Mr.Surepally Venkatesh, s/o Sri.S.Ramulu, Occ Business, Plot No.4, lll Floor, Prasanna Apts, Seetarampur, Old Bowenpally, Secunderabad t ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order Writ more in the nature of Mandamus directing the respondents more specifically the respondents 3 and 4 not to interfere in the transactions between the petitioners and the respondents 5 and 6 which are civil in nature ancl to provide protection to the petitioners life and personal liberty as guaranteed by the constitution of lndia so as to enjoy their rights. 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 respondertts 3 & 4 not to interfere with the petitioners personal liberty including by way of calling him to the potice station etc., to settle his civil disputes with the sth & 6th resPondents pertaining to the property transactions during the pendency of this writ petition and pass such other order or orders in the interests of justice. l.A. NO: 1 OF 2016(I/WMP. NO: 4597 OF 2016) Between:
1. The State of Te1anga.rla,. rep by at".principal Secretary, Home Department, Secretariat Building5. Hyderdbad, Telangaria - 500 001 '' 2. The cornmissioner of Police cyberabad, Ranga Reddy District 3. The.lnspector of Police, P.s. petbasheerabad, euthbullapur, Ranga Reddy -.'-- - -r District
4. fhe. .sr1!-lnspector of police p.s., petbasheerabad, euthbullapur, Rrngr Reddy District ,..PETITIONERS/RESPONDENTS No.1 to 4 AND
1. Mr.Sreenivas Kandrika, S/o Late Sri K V Subbayya, 2. Mrs.Sunra Lalita Kandrika, w/o Mr.Srinivas Kandrika, t I ... RESPONDENTS/PETITIONERS
3. VF..9qr:rpglly sreelatfr.a, w/o Mrs.venkatesh, aged 36 yrs, occ House wife, R/o.H.No.c-3_., plot. N9.4,. lll Floor, prasahni Apts, SeLtiramfur, oki Bowenprally, Secunderabad
4. Yllll:tt"lfv-le1talesh, s/o sri.s.Ramutu, occ_Business, ptot No.4, til Ftoor, Prasanna Apts, seetarampur, old Bowenpally, secunderabad ...RESPONDENTS 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 vacate the interim order granted in WPMP No.39839 of 2016 in WP.No.32213 of 2016 dated 26.9.2016. Counsel for the Petitioner: SRI A. HARI KRISHNA, REPRESENTING SRI SRINIVAS CHITTURU counsel for the Respondents No.1 to 4: sRl R. LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent Nos.S & 6: .. The Court made the following: ORDER \ ! TI{E HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT 32213 0F 2016 ORDER: This VVrit petition is filed under Article 226 of the Constitution of lndia seeking the following relief: ,,...to is,st)e an order Writ more in the nature of Mandamus directing the res'pondents more specifically the respondents 3 and 4 not to interferc in the transactions between the petitioners and the respondents 5 and 6 which are civil in nature and to provide protection to the petitioners' life and personal liberty as guaranteed by the Constitution of lndia so as to enioy their rights and pass such o,lher order or orders in the rnferesfs of iustice."
2. t have heard Mr. A. Hari Krishna, learned counsel, representing Mr. Srinivas, Chitturu, learned counsel for the petitioners and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos' 1 to 4'
3. Learneld counsel for the petitioners submits that, as respondent Nos. 3 and 4. are interfering with the transactions between the petitioners and respondent Nos. 5 and 6, the present writ petition has been filed seeking approPiiate directions' \ \
4. Learned Assistant Government Pleader for Home submits that, pursuant to er report filed by one Sri Adam Sravan Kumar, Crime No. 605 2015 was registered. However, upon consideration of the material and _of arr, a 2 ,'-'' evidence, the investigating agency filed a final report on 1g.12.2016 before the learned lX Metropolitan Magistrate, Medchal, endorsing that the matter is civil in nature. Accordingty, it is submitted that the grievance of the petitioners does not survive for adjudication.
5. I have perused the material placed on record.
6. Having regard to the submissions advanced and in view of the fact that the said crime has already been closed, the grievance of the petitioners, particularly concerning thoir summoning at the relevant point of time has become infructuous. Nonetheless, considering the limitations of the respondents/Police authorities while conducting proceedings, it is directed that they shall not interfere with civil disputes under the guise of pendency of any crime, save and except in strict compliance with Iaw.
7. With this direction, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed SD'. A.SRINIVASA REDDY REGISTRAR ASSI To //TRUE COPY// ON OFFICER 1 The .Principal.Secretary, Home Department, State of Telangana, Secretariat Buildings, Hyderabad, Telangana - 5OO 001
2. The Commissioner of Police Cyberabad, Ranga Reddy District. It- :a. I i I\ I *i J.'-/: -- ' Irt -.,r _az' --- 7 s
3. I[?r,[|0,>ctor of Porice, p.s. petbasheerabad, euthbuilapur, Ranga Reddy 4- The sub'lnsoector of porice p.s., petbasheerabad, euthbullapur, Ranga ' vrvqs'rvvrqr r 'v!' Reddy Dis;triit
5. one cc t. sRt sRtNrvAS cHrrruRU, Advocate [opUC] 6. Two ccs to .Gj for Home, High court for the state of retangana at Hyderaba,J. [OUT] / \
7. Two CD Copies MP PSK t l \ I / HIGH COURT t-l ATEDi28l08l2025 ? *Jt< \ U L) ?2 JAll 2t2E i,) * ORDER WP.No.32213 of 2016 t I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \ 1o