l\4r. Mohsin Bafana v. Control Room, Road No. 12, Hyderabad

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 interference of the respondents herein particularly respondent No. 4 and, 5 pressurizing petitioners to withdraw civil suit bearing 0.S No. 367 ot 2023 pending on the file of Vll Senior Civil Judge City Civil Court, Hyderabad against respondent No.6 herein, using duress and undue influenco against petitioner to deliver the vacant Dhysical possession of property bearing lrlunicipal No, 18-1 1-67121C, (PTIN No 1041831119), Otd No. 1B-11-6712C, a,lmeasuring 256.00 square yards or equiva ent to 214.04 square meters, situate j at Loadwadi, Chakki Pahad, Barkas, llyderabad, Telangana State to responlent No.6 herein as highly illegal, arbitrary, violation of Article 14 and 2'l 8,300-4 in consequence direct respondents No. 2lo 5 herein to restrain themselves frorn using duress and undue influence agzrinst petitioner, not to interfere into 'Civit l\.4atter', not to interfere with petitioners psrsonal life. libe(y and property withoul following due process of law. lA NO: 1 OF 201'.5 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fileJ in support of the petition, the High Corrft may be pleased to direct the resporrdent No.5 not to call petitioner to police station to use duress and undue influenc: against him with respect to deliver the vacant physical possession of property bearing Municipal No. 1B-1 1 -67121C, (pTtN No 104183'l I 19), ()ld No. 1B-1 1-6712C, admeasuring 256 00 square yards or equivalent Io 21 1.O4 square meters, situated at Loadwadi, Chakki pahad, Barkas, Hyderabad, Telangana State to respondent No.6 hereir pending main writ petition. Counsel for the Petitioner : SRI ZABI UR RAHMAN KHAN Counsel for the Respondents No.1to5 : GP FOR HOME Counsel for the Respondents No.6 : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.15115 OF 2025 ORDER Heard Mr. Zabi Ur Rahman Khan, Iearned Counsel for the pelilioner, lcarned Government Pleader lor Home appearing for respondent Nos.1 to 5 and pcrused the record and with the consent of learned Counsel appearing for the parties, the Writ Petition is taken up lor hearing and disposal at the stage of admission.

2. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial rcspondcnt is not nccessary for adjudication of the prescnt Wrir Pctition.

3. The case of thc pcti[ioner, in brief, is that though a civil dispute exists betu,een the petitioncr and 6rtr respondent in relation to properLy bearing Municipal No.18-11-67i C (mlN No. 1O41831119), admeasuring 256 square yards situated at Loadwadi, Chakki Pahad, Barkas, Hyderabad which are subjudice before the competent Court of civil jurisdiction, uide O.S. No.367 of 2023 on the lilc of VII Senior Civil Judge at Hyderabad; Lhe rcspondent Nos.4 and 5 are interfering in civil 2 \.. : 1fiEllfiEil '. r{'.,;:1a \: -- disputes and coercing the petitioner to withdrar" I hc rrforesaid suit at ,he behest of 6' respondcnt, u'lrich iction ol thc respondcnt it is conlendcd is highly illcgal rrbitrary and u,ilhout z,uLhoritY of larv.

4. Pe' contra, iearned Govcrnment Pleadcl- illlpoarlng oI1 behalf o1 respondents whilc denying the u'rit ervc:'tnents' u'ould submit that the 6tl' rcspondent herein had apl)rr)itohed thc 51" respondt nt ar-rd lodged a complaint on 09 06 2C)' :) zrt ():OO p'rn ; thal thr: -esponde t.It aul.horit) (rn recrir in11 lh. alorcsaid complairrt have made a G.D entry, and i'ltcl causitrg preliminrry enquiry have registered a casc uidr IrlR No 160 of 2025 or. 12.06.2025 against the pclitioner' ht rt in r-tnder the provisiorrs oI Scction 332(c), 351(3), 115(2) r(]i (l \\'irh Sccrir)n 3(5) of IINSS; and that the authorities havc zrls'o issrted noLicc under S:ctior-r 35(3) of BNSS to the petitioner' Lt arnerl Clovernment Pleader would lurtlur submit thzrt

5. sillce tlre authorities have regislercd the zr[ol't srLid <:rime and issued rroticc under Section 35(3) of thc BNSS' lhc authoritie s are con,lrtt:ing invcstigation in thc aforcsairl crinr'' in irccordal'rcc n,ith lavr.

6. I have taken notice of the respective cont(]lltions Ltrgcd J

7. Though on behalf of the respondents it is contended that the respondent authorities are not involving in the civil dispute or pressurizing the petitioner to withdraw the suit uide O.S. No.367 of 2023 pending on thc file of VII Senior Civil Judge, City Civil Court, Hyderabad against the 6d. respondent herein, it is to be noted that not only the respondent authorities by registering the complaint, the contents of which on the face of it discloses of pendency of civil proceeding, would show the sard aulhorities involving themselves in civil disputc contrary to the duties of the policc officers in terms of thc provisions of H),dcrabad City Police Act 1348 Fasli, A.P. (Andhra Area) District Police Act, 1859 and A.P. (Telangana Area) 1329 Fasli and also Code of Conduct for the police in India as detailed by this Court in the case of S. Masthan Saheb and others u. P.S.R. Anjanegulu t , d.nd. othersl

8. Since, on behalf of the respondents it is now claimed that the rcspondent authorities had registered a casc against the petitioner uide Crime No.16O of 2025 and having issued notice to the petitioner under Section 35(3) of the Bharatiya Nyaya Sanhita, 2023 (BNSS), this Court is of the view that the respondent authorities are to bc directed to conduct | 2OO2 12) AnWR 532 4 \ ' r'.*ar.l -r:F.lrf .; ''*:, \ - invcstigal.iort lnto lhe aforesaid crime strictly in at:':ordance u'ith larv withour interfering in the civil dispute that may exist be t$.een _he petitioner and the unofficial responderll herein or to pressuriz c rhc petitioner to rvithdraw the suit l lcd uide O S No.36Tcf2023onthefileofVIISeniorCivilJrrdgc'CityCivil Court, H gdcrabad. g. Subjcct to the above observation, the \l'lrit Pelition is disposed o[ No costs. Misct:llaneous petitions, if any, pendinq in the Writ Pctition, shall stand closed. I { To, //TRUE COPY// sd/- s. ,4P i\ r$ALLIKARJUNA RAO slprarur REGISTRAR \===-:=--'- "ISECTION OFFICER 1 . The Prinr:ipal Secretary Home Department, Dr. B.R Secretarirt State of Telangana, Hyderabad bedkar Building,

2. The Commissioner of Police, Hyderabad City Police, Central Command and Control F.oom, Road No. 12, Hyderabad.

3. The Deprrty Commissioner of Police, South East Zone, Saidabad X Road, Hyderabitd

4. The Assi ;tant Commissioner of Police, Chandrayangutta Division, Bandlagtrda. Hyderabad.

5. The Station House Officer, Chandrayangutta Police Sl.ation, Bandlaguda, Hyderabild.

6. One CC .o SRI ZABI UR RAHIMAN KHAN, Advocate IOPUC] 7. Two CCs to GP FOR HOIME, High Court for the State of Telangana [OUT] B Two CD Oopies BSK P\'L , HIGH COLIRT DATED:16'10612025 : i i I I I i I I I I I tt -;. ? Cl -6 I '.-r 1g 5[P 2U5 * frls' ,;:r,i: ORDER WP.No.16115 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS / h , ,,) {(