✦ High Court of India · 16 Jul 2025

High Court · 2025

Case Details High Court of India · 16 Jul 2025
Court
High Court of India
Decided
16 Jul 2025
Length
1,047 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 order or Direction more particularly one in the nature of writ of Mandamus, a. Declare the action of the.'Respondent No.4 and his office subordinates, who are interfering without any authority of law into the civil dispute behest the back of the 5th Respondent and pressurizing and harassing the petitioner with threat of arrest and implication into the false criminal cases despite the fact that the civil dispute between the petitioner and 5th Respondent is already sub-judice before the Hon,ble Principal Jr. Civil Judge vide o.S No.63 of 2023, interim orders in l.A No.153 of 2023, dl o4to4t2o25 have been passed in favour of the petitioner aS illegal, arbitrary, motivated in vioration of Articre 21 and 3004 of the constitution of lndia, b' consequenay, d rect the Respondents and their office subordinates to honoring the interim ,rrder of the Hon'bre Jr. civir judge in o.s No.63 of 2023 and not to interfere into 50th in the civir dispute in between the petitioner and 5th Respondent and the personal life and liberty of the petitioner without due process in the interest of justice. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired ir support of the petition, the High court may be preased to direct the Respondent No.4 and his office subordinates to honoring the interim order of the Hon'bre J'. civir judge in o.s No.63 of 2o23, and not to interfere into both in the civir dispr- te in between the petitioner and 5th Respondent and the personal life and riberty of the petitioner without due process in the interest of justice Counsel for the petitioner: SRI KULDEEP JADHAV Counsel forthe Respondent No.1 to 4: Gp FOR HOME The Court made the fcllowing: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W n 2 f 25 ORDER: Heard learned counsel for the petitioner' learned Government Pleader for Home appearing for respondent Nos'1 to 4' and with the consent of the learned counsel appearing for the parties' the Writ Petition is taken up for hearing and disposal at the admission stage'

2.HavingregardtothemannerofdisposaloftheWritPetitionatthe admission stage and the nature of /rs involved, this Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in briei, is that, the 4h respondent is interferlng in the civil dispute existing between the petitioner and the unofficial respondent and another, which is the subject matter of a suit' yliy'e o.S.No.63 of 2023, wherein an order of injunction has been granted, l//iy'eI'A.No.l53of2023dl.o4.o4.2o25andcoercingthepetitionertoSettle the civil dispute in favour of the unofficiai respondent herein' which action of the respondents-authorities it is contended as highly illegal, arbitrary and in violation of Articles 21 and 300-A of the Constitution of India'

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 whlle denying the wrlt averrnents, would contend that the 5th respondent herein had approached the respondents- 2 authorities arrd lodged a complaint against the petitioner on 17.03.202s; that the res,ondents-authorities on receiving the aForesaid compraint, have made a GD entry; and that after causing preliminary enquiry have registered a (ase, vide Cr-ime N0.292 of 2025 and took up investigation into the same.

5. Learned Government pleader further submits that the respondents_ authorities afl er conducting investigation into the aforesaid crime registered agai rst the petitioner herein, have filed a charge sheet before the jurisdiction; I Magistrate on 09.07.2025, wde InwardNo.lBBB ot 2025 and the same is pending for being taken on record by assigning CC n umber.

6. Learned (;ove had also approar:hed rnment pleader would also submit that the petitioner the respondents_authorities and lodged a complaint against the 5th n on the aforesaid 2025 dt.o7.O4.2o, :spondent herein and the respondents-authorities :omplaint, have registered a case, videCrime No.356 of r5. 7 authorities after c tnducting Learned Gcvernment pleader further submits that the respondents_ enquiry into the aforesaid crime have filed a videlnward No.1936 of 2025. charge sheet on l(;.06.2025 g' Learned Go'rsrnrngnl preader thus submits that the respondents- authorities except (ausing investigation into the crimes registered against '+.';rcF.:l>?:r!anirr-+ss-r.:e. -11 the petitioner as well as the unofflcial respondent herein' as mentioned above, are not interfering in the civil dispute or coercing the petitioner to settle the civil dispute in favour of the unofficial respondent herein'

9. The aforesaid submission made by the learned Government Pleader for Home appearing on behalf of respondent Nos'1 to 4 is taken on record.

10. In view of the aforesaid submissions' and taking note of the fact the case and counter case are registered against the petitioner and the 5th respondent herein, wherein the respondents-authorities after conducting investigation thereinto having filed charge sheets on 09'07'2025 and 16.06.2025 respectively, this Court is of the view that the respondents- authoritiesaretobedirectednottointerfereinthecivildisputesthatmay exist between the petitioner and the unolficial respondent except in accordance with law. Subject to above direction, the Writ Petition is disposed of' No 11 order as to costs. t2. Miscellaneous petitions, if any, pending in this writ petition shall stand closed /,TRUE COPYI/ SD/.A. JAYASREE ASSISTAN T REGISTRAR SEC N OFFICER To, I The principar secre*ry, (Home), Telangana secretariat, Hyderabad' state of ,li5t%T:.,t:lo0n2"?orpor"",.cvu'.-:t3"0^?".[fl :::|ill,rnra I il:,g*ffi3i;;+tph-jffil$.}.,"Jl; :.": ",.,.",,.,. rouTl iwo^fD Conies

7. HIGH COURT DATED:16107i2025 ORDER WP.No.20389 r>f 2O2S 2o srp mn \. r- DISPOSING OII THE WRIT PETITION, WITHOUT GOSTS LL lel/

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