High Court · 2025

titution of lndia praying that in the herewith, the High Court may be ppropriately in the nature of Writ of ts more particulady 3rd respondent only calling over the Cell Phones ioners from his cell phone No. to come to Police station Attapur, illegal and unconstitutiona I besides Sanhita consequently direct the by calling over the Cell Phone 9059902063 And 9885'101354 of the petitioners without following due process of lA NO: 1 OF 2025 Petition under Section 15'l 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 respondents not to harass the petitioners by calling over the Cell Phone 9059902063 and 9885101354 of the petitioners without following due process of Counsel for the Petitioner: SRl. MOHAMMED HABEEBUDDIN Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTI E T. VINOD KUMAR WRIT PETITION No. 7738 0F 2o25 ORDER: Heard learned Counsel r the petitioner, learned Government pleader for Home appeanng on behalf of respondent Nos. 1 to 3 and with th consent of learned Counsel appearing for the parties, the W t Petition is taken up for hearing ancl disposal at the stage of dmission. 2. The case of the petitioners, brief, is that a crime has been registered against the 1st titioner, even though the subject matter of the dispute is a ci il dispute which is pending consideration uide O.S. No.27g of 2023, the 3rd respondent authority is calling the petitioner o er celi phone constantly to come to police station, Attapur, C berabad without followirrg due process of law, under the se of investigation, which action of the respondents it is con nded is highly illegal and arbitrary.

3. Per contro, learned Govern ent Pleader for Home appearlng on behalf of responden while denying the writ averments would submit that based n the complaint made by one Smt. Sheetal Kaur, the authori es have registered a case 2 .,! uide Crime No 278 of 2025 daled O9 O4 2025 whr:rein the 1'r petitioner is arrayed as accused No 1' karned Government Pleader further submits lhat on the 4. authorities registering the aforesaid crime' the authorities have 35(3) of BharatiYa Nagarik also issued notice under Sectlon lst petitioner and thus the Suraksha Sanhita (BNSS) Lo the authorities have followed due process of law 5 Learned Government Pleader lurther submits that notwithstanding the respondent authorities registering the crime and issuing notice to 11-'" 1st petitioner undcr Section 35(3) of BNSS, the defacto-complainant Smt Sheetal Kaur and the petitioners rvho reside in the same house' has been approaching authorities and complaining against the the resPondent of interfering with her possesslon over the petitioners herein subject ProPertY Learned Government Pleader further submits that Lt ls on 6. account of the above the respondent authorities have called the 1st petitioner to the police station' however without registering further crime against him Learned Governmetlt Pleader further submits that since

7. theauthoritieshavealreadycompletedinvestigationintoCrime I I J No.278 of 2025 dated 09.05.2O25 and filed charge sheet before the concerned Magistrate cogniza ce of which is to be taken by issuing C.C. number, there is no authorities to call rhe petition necessity for the respondenl r ln connection with the rnvestigation into the aforesaid rlme, except for the regular complaint being lodged by the de cto-complainant against the petitioners herein of she being su ected the harassment at the hands of the petitioner.

8. Learned Government pleade event of any further complaint further submits that in the being lodged against the petltloner, the respondent authori es would follow due process of law.

9. The aforesaid submissio made by the learned Government Pleader for Home is ta en on record

10. In view of the aforesaid su rssron, since the respondent authorities claim to have comple d investigation into Crime No.278 of 2025 dated O9.O4.2O2 registered against the lsr petitioner herein and also having aid a charge sheet therein, this Court is of the view the res restrained from interfering in ndent authorities are to be e civil dispute except in accordance with law. 4 Subject to the above' direction' the Wril Petitton ts 1l disposed of. No costs' Miscellaneous petitrons' if any' pending in the Writ Petition, shall stand closed \ ,TRUE GOPY// JAYAS REGIST R E RA E R GFFoNo E R To, 1 2 ?. 4 5 6 *'***#ru#+#i+*Jffi, BM PVL HIGH COURT { DATED:2510612025 _./. , tr- \ L,'\ s( C: t ,+ 12 IIJE ?ffi {' t D (:sp.1r c H(,o ORDER WP.No.17738 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o ;