✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025

IVI/s Oyster Medisafe Private Limited, And Another, Registered Office. Sy. No. 722, Dabt.lpur Village, Medchal Mandai- 501 401 Telangana. Rep. by its authorized signatory Ms. Janhavi Salvi I\tlls. B..Braun Medical (lndia) Private Limited, Registered Office. Unit No. 601, Wing A, 6th Floor, Boomerang Chandivali Farm Road, Near Chandivali Studio. Rep. by its authorized signatory Ms. Janhavi Salvi AND ...PETITIONER 1 2

4. E o The State of Telangana, Department of Home Affairs Rep. by its princioal Secretary. Hyderabad. The Commissioner of Police, Cyberabad Commissionerate, Hyderabad, Telangana The Station House Officer, Bachupally Police Station, Cyberabad Commissionerate, Hyderabad, Telangand. The Station House Officer, Gachibowli Police Station, Cyberabad Commissionerate, Hyderabad, Telangana. lnspector of Police, Economic Offences Wing-CCS, Cyberabad. qhala,th Vasireddy, S/o Mr. Vasireddy Satyaharayana, Ryo H.No 8-2-350, Flat No. 201, Phase 2, AK Enctave, Rd. No.3, Banjard Hills, Hyderabad t ' ...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 Writ, order or direction more in the nature Writ of Mandamus, declaring the action of the Respondent Nos. 3 to 5 in resorting to criminal justice administration for collateral objectives including by the issue of notice dated NIL under Sec. 160 Cr.P.C to the Petitioners officers/ employees/ personnel by not mentioning proper particulars and in conducting further criminal proceedings against the Petitioners as illegal, arbitrary and unconstitutional and contrary to the purposes and objects of Cr.P.C and ultra-vires Cr.P.C and set aside all such ,| oF 2019 actions and the notice and resultantry direct the Respondents not to harass the Petitioners or its employees/ workmen/personnel in any manner IA NO: Petition under Section 151 CPC PraYing that in the circumstances stated in the affidavit filed in support of the petition' the Hig h Court maY be Pleased to grant stay of conduct of all further proceedings by Respondent Nos.3 to 5 against its officers/emPloYees/ Personnel including pursuant to notice the Petitioners, issued under Section 160 Cr.P.C dated NIL Pendi ng disposal of the above writ petition IAN O: 3 OF 201 Petition und er Section 151 CPC Praying that in the circumstances stated pport of the Petition' the High Court may be Pleased to nd respondent No. 2 to transfer the investigation to any ndent No. 5 as Per the direction o{ ResPondent No. 1 in the affidavit filed in su direct resPondent no. 1 a officer other than ResPo and Respondent No. 2 IA NO: 10F 2024 Petition under Section 359(6) of BNSS PraYing that in the circumstances the High Q-ourt maY be stated in the affidavit filed in support of the petition' pleased to Permit the Petitioner to record compromlse I n terrns of the Settlement agreement Dt. 26 10612024ln the interest of the justice I lA NO: 2 oF 2024 Petition under order 2,3 Rule 3, Section 151 CPC PraYing that in the ed in support of the Peti 1ion, the High promise in WP/183e8801 9 according to t Dt. 26lOGl2O24 in the interest of the circumstances stated in the affidavit fil Court may be pleased to record the com the terms of the Settlement agreemen justice IA NO: 10F 2025 Petition under Section '1 51 CPC PraYing that in the r;ircumstances stated in the affidavit filed in suPP ort of the Petition, the Hig h Court maY be Pleased to p ermit Mr. UPamanYu Talukdar ( CompanY Authorized Signatory), to record the CO mpromise in the above Writ Petition, on behalf of Petitio nr:r No.1 and No.2, in the interest of the justice i lA NO: 2 oF 2019 Between: Secretary, HYderabad -

1. The State of Telangana, Department of Home Affairs Rep' by its Principal 2. The Commissioner ot Police, Cyberabad Commissionerate' Hyderabad' , If;f"€i]?,"n House officer. Bachupaly porice Station, cyberabad - 4. i-":#;ff ;i' P; i;; ; E;" * * J'off Commissionerate. Hyderabad, Telangana' w ins-ccs' cvberab ad' "n"""s AND ...PETITIONERS/RESPONDENTS 1 2 . M/s Oyster [\4edisafe Private Limited, And Another, Registered Office. Sy. No. Medchal fVlandai- 50i 401 Telangana. Rep. by its 722, Dabrlpur Village, authorized signatory Ms. Janhavi Salvi Itrl/s. B. Braun Medical (lndia) Private Limited, Registered Office. Unit No.601, WinS A, 6th Floor, Boomerang Chandivali Falm Road, Near Chandivali Studio. Rep. by its authorized signatory Ms. Janhavi Salvi ...RESPONDENT/PETITION ER 3. Bhara,th Vasireddy, S/o Mr. Vasireddy Satyanarayana, Rl/o H.No 8-2-350, Flat No. 201 , Phase 2, AK Enclave, Rd. No.3, Banjara'Hills, Hyderabad (Not Necessary party) ..RESPONDENTS/RESPONDENT 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 Vacate the lnterim Order Passed in W.P No.18348 of 2019, Dated:23.08.2019 and dismiss the Wdt Petition Counsel for the Petitioner: SRI. BOKARO LOKESHWAR REDDY ' Counsel for the Respondent Nos. 1toS: GP FOR HOME Counsel for the Respondent No.6 :SRl MOHD. MOIN AHMED eUADRI The Court made the following: ORDER d --t-..-7 THE HONOURABLE SRI JUSTICE K.SURENDER WRIT PETITION No.18348 OF 2019 ORDER: The present writ petition is filed seeking to declare the action of respondent Nos.3 to 5 in resorting to criminal justice administration for collateral objectives :Lncluding by the issue of notice dated NIL under Section 160 Cr.P.C. to the petitioners; officers/ employees/ personnel by not_ mentioning proper particulars and in conducting furthLer crim.ina_l proceedings against the petitioners as illegal, arbitrary and I , unconstitutional and contrary to the purposes a;-rdrobjects of Cr.P.C. and ultra-vires Cr.P.C. and set aside al1 rsuch actions and the notice and resultantly direct the respondents not to harass the petitioners or its employees/workmen/personnel in any manner.

2. Heard the learned counsel for the petitior: ers and the learned Government Pleader for Home.

3. Learned counsel for the petitioners submits that the petitioners herein are arrayed as accused Nos. 1 and 2 in FIR.No.43 1 of 2019 for the offence under Secticns 420 and l I I I r1 406 of IPC. She further submits that Crl.P.No.6010 of 2019 and Crl.P.No.16430 of 2024 {iled by the petitioners seeking quashment of FIR.No.431 of 2Ol9 are aliowed, as such, the cause in the writ petition does not survive lor adjudication.

4. Recording the submission of the learned counsel for the petitioners, the writ petition is dismissed as infructuous. Miscellaneous applications pending, if any, shall stand closed. l I l l //TRUE COPY// SD/. T. JAYASREE ANT RTGISTRAR ASS E TION OFFICER One CC to SRI. BOKARO LOKESHWAR REDDY, Ad PF S Hyderabad [OUT] oil.-cdio Snt. ivtoHo. MolN AHMED QUADRI, Advocate [oPUC] Two CD Copies ME ,High Court for the State of Telangana at te [oPUC] FM"'k- I To, 1 2 4 : l I HIGH COURT DATED:0310212025 ORDER WP.No.18348 of 2019 -r" lflr' 3 :, i!1 t{p.fl Ai5 * IpSPA1 CH t t DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS I ,) n ?p

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