The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstanr;es 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 Mardamus declaring the action of the respondents No. 3 to 5 in taking steps to include the names of the petitioners as Accused in another Crime No. 171 of 2017 derted 15-06-2017 on the file of Sth respondent without committing any crime basing on the ground that the petitioners names are included as Accused in Crime No. 180 of 2017 dated04-07-2017 on the file of 5th respondent as illegal, arbitrary, e,nd in violation of Principles of Natural Justice, Consequently direct the Sth resporrdent not to include the names of the petitioners herein as Accused in Crime No. 171 of 2017 on the file of 5th respondent and not to harass and threaten to the petil.ioners without committing any crime or showing any reason. l.A. NO: 1 OF 2017(WPMP. NO: 28811 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidarrit filed in support of the petition, the High Court may be pleased to direct the Sth rerspondent not to include the names of the petitioners herein in another Crime No. 171 of 2017 without committing any offence, without any proof or evidence, not to harass and threaten the petitioners in future, pending disposal of the main writ petition. Counsel for the Petitioners: SRI VALLAPUDASU VEERA SWAMY FOR counsetrortheResponden,",JJ',f 3-t't^fy^H,*^"#f"IT#= The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE N.TUKARAMJI .qi. ORDER: This Writ Petition is filed undcr Article 226 of Constitution of India seeking the following relief/s:- ,....pleased to issue a writ, order or direction more particularly_one in the ,rrar. of Writ of Mandamus declaring the acdon o[ the respondents No' 3 to 5 in taking steps to include rhe names of the petitioners- as Accused in another crime No. 171 0f 2017 dated 1306-201,7 0n the file of 5th respondent without committing any crime basing on the ground that the p.,i,iorr.r, names are included is At..,,td in Crime No' 180 of 2017 dated ZS-OO-ZO+-I on the file of 5th respondent as illegl, atbi:dary' and in violation of principles o[ Natural justice, Consequendy direct the 5th respondent not to include the names of the petitioners herein as Accused i., brirrr. No.171of 2Ol7 on the filc of 5th respondent and not to harass and threaten to the petitioners without committing any crime or showing any reason and to pass---"

2. Heard Mr.Vallapudasu Veera Swamy, learned counsel for the petitioners and Mr.M.Srinivas, learned Assistant Government pleader flor Home appeafing for respondent Nos.1 to 5.

3. Learned counsel flor the petitioners submits that, since the petitioners were akeady shown as accused in Crime No- 180 of 2017, the respondent police authorities afe now attempting to include their names in anothef case, being crime No. 171 of 2017 ' Aggrieved by such action, the present wfit petition has been filed seekingaPpropriatedirectionsfromthisHon'bleCourt' 2

4. Learned Assistant Government Pleader for Homc, on the other hanJ, submits that the petitioners were shown as accused in the said <:rimes, and upon completion of a proper invs5tigation, charge sheets were filed before the II Additional Judicial Magistrate o[ First t]lass, lluzurnagar. The learned Magistrate, upon taking cognizan,:e, registered the matters as C.C. No. 166 of 2022 corresponding to Crime No. 171 of 2017, and C.C. No. 411 of 2020 corresponding to Crime No. 180 of 201,7.It is thereforc contendr:d that the petitioners' apprehension is misconceived and devoid c,f merit, and that the writ petition is liable to be dismissed.

5. I lrave perused the materral avatlable on record.

6. The grievance of the petitioners is that respondents No. 3 tcr 5 are liJ<ely to implicate them in another crime without any basis. Flowever, the developments placed before this Court by thc Iearned Assistant Government Pleader cleady indicate that the crimes have akeady been investigated, charge sheets have been filed, and the competent court has taken cognizance, numbering the cas es as calendar cases. This factual position reveals that Foth the in'estigating authority and the trial Court have taken a pflma 3 facie view that the allegations against the petitioners warrant examination in a tnal.

7. In these circumstances, the petitioncrs' apprehension no longer survives for adfudication. However, it is made clear that the petitioners are at liberty to avail all appropriate remedies available under law beflore the trial Court in accordance with due process.

8.. Accordingly, the writ petition stands disposed of. There shall be no order as to cosf,s. : .'i Miscellaneous Petitions, pending tf any, shall stand closed. SD/- SRI T. SRINIVASA REDDY AS ISTANT REGISTRAR To

1. 2 //TRUE COPY// ON OFFICER a Secretariat Bui dings, at Kodad, Suryapet District. Suryapet District.

4. The Circle lnspector of Police, Huzurnagar Police Station, at Huzurnagar, Station, at Mattampally, Suryapet District.

5. The Sub-lnspector of Police/, Station House Officer, Mattampally Police 6. One CC to SRI BOLLAM LINGAIAH YADAV, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. IOUTI

8. Two CD Copies PSK. BM w HIGH COURT DATED:1311012025 ORDERI WP.No,23332 of 2017 4i\' ) , * 1 HES F 1 6 FLB 2t}2ti * DISPOSING OF THE WRIT PETITION WITHOUT COSTS .{d\\ ft,"