✦ High Court of India · 24 Jun 2025

Sairam Vavilala, S/o v. Venkata Subramanya Sastry, Aged about

Case Details High Court of India · 24 Jun 2025
Court
High Court of India
Decided
24 Jun 2025
Bench
Not available
Length
1,184 words

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 pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent is harassing the petitioner by calling him to the police station, visiting the house of the petitioner in odd hours and threatening the petitioner and his family members without following due process of law as arbitrary, illegal and in violation of Article 14 and 21 of the Constitution of lndia and consequently direct the 3rd respondent not to take any coercive steps against the petitioner without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court m,:y be pleased to direct the respondent No. 3 not to take any coercive steps against the petitloner without following due process of law. Counsel for the Petitioner: SRI KHAJA VIZARATH ALI Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: ..-- The Court made the following: ORDER I I THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petit on No.17351 of 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.l to 3, and with the consent of the learned counsel appearing for the pafties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficial respondent No.4 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that, the 3'd respondent is harassing the petitioner by calling him to the police station and also visiting the petitioner's house at odd houi's and threatening him and his family mernbers without following due process of law, which action of the respondents-authorities it is contended as illegal and arbitrary.

4. It is the further case of the petitioner that though a case, vide Crime No.16B6 of 2024 on the file of P.S.Narsingi, has been registered against one Rohit Mar,,,!e and Vijay Saraf, which complaint has been transferred to the -aid respondent and renui'nbered as Crime No.94 oi 2024 dt.1,9.12.2024, the Detitioner is not arrayed as an accused in the complaint \ 2 originally lodged or even in the subsequent compraint registered on being transferred to the 3'd respondent authority.

5. Learned counsel for the petitioner fufther clntends that even though the petitioner is not arrayed as an accused in the aforesaid crime, the respondents-authorities are visiting the house of ttle petitioner at odd hours, thereby, interfering into his personal life and liberty. Hence, the petitioner by way of present Writ petition has appro;ched this Cout to restrain the respondents from harassing the petitiorrer and his family members.

6. Per contra, learned Government pleader for Hcme appearing on behalf of respondent Nos.1 to 3 wourd submit that based on the compraint made by the 4h respondent herein, the porice authorities of Narsingi porice Station have initially registered a case, vide Crime No, 16g6 of 2024 and since, the value of the aforesaid crime is more than Rs.3.00 crores, the said complaint has been transferred to the 3d respor dent authority for investigation.

7. Learned Government pleader further submits thal during the course of investigation into the aforesaid crime, on seizing thr: mobile phone of the accused, the authorities have found certain transactions relating to a sale deed executeil by the petitioner in favour of il.e accused in the aforesaid crime, and in order to get the details of the tr.ansaction relating / / 3 to the said sale deed, the authorities have sought to serve notice dt.23.06.2025 on the petitioner issued under Sections 94 and U9 of BNSS

2023. B. Learned Government Pleader Fufther submits that since, the petitioner refused to receive the aforesaid notice, the same was served on the brother of the petitioner on 23.06.2025, and the said notice was also affixed on the wall of the house of the petitioner. t I

9. Learned Government Pleader further submits that as of date, the petitioner is not arrayed as accused in the aforesaid crime and has only been called as a witness to furnish information sought for in the aforesaid notice; and that the petitioner instead of receiving the notice and furnishing the information by appearing before the authorities, had filed \ \ the present Writ petition.

10. I have taken note of the respective contentions urged.

11. Having regard to the submissions made as above, since the respondents now informed to this Court that the petitioner is not arrayed as an accused in Crime No.94 of 2024 and the authorities having issued notice dt.23.06.2025 under Sections 94 and ll9 of BNSS, which implies the petitioner being called as a witnesses in connection with the aforesaid crime, this Court is of the view that the respondents-authorities are to be directed to follow due process of law while investigating into the aforesaid 4 crime basing on the information that may be provided r)y the peutioner in response to the aforesaid notice.

12. Subject to above direction, the Writ petition irl disposed of No order as to costs

13. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// Sd/- M. Osman Ali Baig ASIJISTANT REGISTRAR v SECTION OFFICER I I Telangana, At Hyderabad.

1. The Principal Secretary, Department of Home, Secreta-iat, The State of 2. The Commissioner of Police, Cyberabad District 3. The Station House Officer, EOW Cyb (Cyberabad) poli,:e Station Cyberabad 1. 9n" CC to Srilftaja Vizarath Ali, Advocate [OPUC] 5. Two CCs to GP for Home, High Cou( for thsstate of T-etangana, at 6. Two CD Copies Hyderabad [OUT] District. To, TJ PVL i I I I I i i HIGH COURT DATED:2410612025 ORDER WP.No.17351 of 2025 ,1 ,. I 10 sEP 2025 \ * ".'r,A't,.,'"': -',/ --- --. --,:;,'t' f .L \\,l 7: .!/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS a 6b

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