High Court · 2025

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in interfering into the peaceful life and liberty of the Petitioner and also interfering into civil disputes between the Petitioner and Respondent No.6 and calling the Petitioner to the-Police Station and threatening to handover the Gold Ornaments to the Respondent No.5 by cotluding with the Respondent No.6 is illegal, arbitrary, u nconstitutional and violation of Articles 14, 15,21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.S not to interfere into peaceful life and liberty and not to interfere into day{o day duties of the Petitioner and not to interfere into the civil disputes between the Petitioner and Respondent No.6 and I I I not threaten the Petitioner to handover the gold ornaments to the Respondent No.6 lA NO: 1 OF 2025 Petition under Section 'l 5'1 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 No.5 not to interfere into peaceful life and liberty and not to interfere into day{o day duties of the Petitioner and not to interfere into the civil disputes betwc'en the Petitioner and Respondent No.6 and not threaten the Petitioner to handover the gold ornaments to the Respondent No.6 pending disposal of the Wril Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 TO 5: GP FOR HOME Counsel for the ResPondent No.6: - The Court made the following: ORDER HON'BLE SRIJUSTICB T. VTNOD KUMAR - WRIT PETITION No.15871 of 2025 ORDER Heard leamed counsel for the petitioner and leamed (iovcmrnent Pleader tbr Home appearing on behalf of respondent Nos. I to 5, and perused the record. With the consent ol the learned counsel appearing for the respective parties, the Writ Petition is taken up fbr hearing and disposal at admission stage.

2. llaving regard to the nature of /n involved and the manner ol disposal of the Writ Petition, this Couft is of the view that notice to unolficial respondent is not necessary lor adjudication of the present Writ Petition.

3. 'I'he case of the petitioner in brief is that though the respondent authorities have registered a case vide Cr.No.3 1 812024 and also have issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the 5'r'respondent is interfering with the petitioner's life and liberty and is coercing the petitioner to withdraw the complaint lodged against the 6th respondent herein, which action of the respondent authorities, it is contended as highly illegal, arbitrary, unconstitutional and in violation of Article 14, 15,21 and 300-A of the Constitution of India. 2 \i

4. Per ctntru,leamed Govemment Pleader appearir-rg on behalf of respondent Nos. I to 5 would submit that based on the complaint made by the unollicial rcspondent herein, a case vide Cr.No.3 18/2024 has been registcred on 28-08-2024, wherein the petitioner l.rerein is arayed as .A ccuse d No.1

5. Learn:d (iovemrnent Pleader for Horne r.vould lurtl-rer submit that the respondent authorities on registering the aforesaid case,, have issued notic,: under Section 35(3) of BNSS to the petitioner directing hirn to appear bel'ore the 5tr' respondent authoritlr on 03-02-2025.

6. Lear-n:d Government Pleader for Hotne would fufther subntit that the respondent authorities having issued notice under Section 35(3) of B\SS. are conducting investigation into the aforesaid crime registered b1 lollowing due process of law and as such. the respondent authorities are not interfering with the personal lit-e and liberty of the petitioner as bcing alleged l. I have tal<cn note of respective contentions urged,

8. ThoLrgh. petitioners claim of he having approached the 5th respondent authority by lodging a cornplaint against the 6th respondent, and as a counter-blast to the said complaint, the 6'h respondent having approached the 5'l' respondent and lodging I .---_------- 3 complaint against the petitioner, admittedly, a case vide Cr.No.3 l8l2)24 is registered against the petitioner herein' The respondent authorities on registering the above crime against the petitioner, having issued notice under Section 35(3) ofBNSS directing the pctitioner to appear before the 5th respondent authority on 03 -02-2025, and since, petitioner claims of he having appeared before the said authority on the date mentioned in the notice and also having submitted his explanation thereto, this Court is of the view that the respondent authorities are to be directed to take further action while investigating into the aforesaid crime strictly in accordance with law and shall not interfere with the life and liberty of the petitioner, otherwise than by following due process of law. () Subject to above observation and direction, the Writ Petition is d isposcd of. No costs

10. Consequently, miscellaneous petitions, if any pending shalt stand c losed. //TRUE COPY// SD/.P. PONNA KRISHNA STANT REGISTRAR SECTION OFFICER Hvderabad. riat Building, Secretariat, Hvderabad. State of Telangana. '1 . The Principal Secretary, Home Department, Sec 2 ifr;"il;;k;r-cenerat of Po'iice, Telangana, Hvderabad' :. iil; 6;;fissionei otFotice, Hvderabad Police Commissionerate' 4 T#"d;i$;nt Commissioner of potice, Gandhinagar Circle, Hyderabad Police 5. #; Si;"i;'Hb,ii" dnii"i' Gindhinasar Police S-tation' Hvderabad' 6 O;;-CC t,t- Snr nepOLU BHASKAR,-Advocate [OPUC] - i i;; dd;i"-ci ioR rlortrte' Hisr, cburt for theState of relansana' at Commissionerate, HYderabad. \ To Hyderabad. [OUTI Two CD CoPies

8. PSK. G-IP q) HIGH COUR'T DATED:1210612025 ORDER WP.No.15871 of 2025 lLtE ST4 /' (r \r ,i^.., ,... -.., i:- DISPOSING OF THE WRIT PETTTION WITHOUT COSTS 5;cori8 *:- 6\6\'/ 20 JUN 20[ a l .t/,//