High Court · 2025

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 a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 3 in harassing the Petitioner and compelling the Petitioner to come to Police Station without issuing any Notice's and without following the due process of law, which is illegal, arbitrary, motivated, malicious, unconstitutional, against the principles of natural justice and fair play and violative of Articles 14, 19, and 2'1 of the Constitution of lndia and may be pleased to direct the Respondent 3 to not harass the petitioner and not to call the petitioner to Police Station without issuing any Notices and without following the due process of law. lA NO: 1 OF 2025 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 direct the Respondent No.3 not to harass the petitioner, not to call the petitioner to Polrce Station without issuing any Notices or following due process of law. pending disposal of the writ petition. Counsel for the Petitioner: SRI SK.ASHRAF Counsel for the Respondent No.1 to 3: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.20559 ot 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, 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. The case of the petitioner, in brief, is that, respondent No.3 is harassing the petitioner and compelling him to come to police station without issuing any notice and without following due process of law, which action of the 3'd respondent-authority it is contended as highly illegal, arbitrary and in violation of Articles 1.4, 19 and 21 of the Constitution of India, with a consequential direction to respondent No.3 not to harass and call the petitioner to the police station without issuing any notice.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3, while denying the writ averments, would submit that one Smt.Sayeeda Afsan had approached the respondents- authorities and lodged a complaint on 10.07.2025 claiming that the petitioner herein had married her suppressing the fact of existence of first marriage and sought for initiation of action against the petitioner.

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4. Learned Government Pleader further submits that on receiving the aforesaid complaint, the authorities have made a GD entry, and since, the contents of the complaint disclose matrimonial dispute, the authorities have called the petitioner to attend for counseling as per the law laid down by the Apex Court in Lalita Kumari v. Government of Uttar Pradestf ; and that the petitioner and his first wife without attending the counseling, by making false and wild allegations. had approached this Court by the present Writ Petition.

5. Learned Government Pleader further submits that the respondents- authorities based on the aforesaid complaint lodged by Smt.Sayeeda Afsan claiming herself to be the wife of the petitioner, have called the petitioner only for'the purpose of counseling, and except causlng preliminary enquiry into the complaint lodged by against the petitioner, the authorities are not harassing or compelling the petitioner to come to police station.

6. Learned Government Pleader for Home now submits that when the authorities sought to issue notice to the petitioner on 11.07 .2025 calling him to attend counseling, however, he had refused to receive the same.

7. I have taken note of the respective contentions urged. ' 1zora1 z scc r B. Having regard to the fact that a complaint has been lodged against the petitioner on 10.07.2025 by Smt.Sayeeda Afsan alleging the petitioner having married her suppressing the Factum of his earlier marriage and the respondents-authorities have called the petitioner for the purpose of counseling into the matrimonial dispute, this Court is of the view that the respondents-authorities are to be permitted to take further action on the said complaint.

9. However, as it is stated before this Court that the respondents- authorities have initially tried to serve notice dt.LI.07.2025 on the petitioner to enable him to attend counseling and the petitioner having refused to receive the same, this Court is of the view that the petitioner should be directed to approach the respondents-authorities to receive the aforesaid notice and to attend counseling and in the event of the counseling not yielding any results, the respondents-authorities are directed to take further action strictly in accordance with law.

10. Subject to above direction, the Writ Petition is disposed of. No order as to costs. 1 1, Miscellaneous petitions, if any, pending in this writ petition shall stand closed. i/TRUE COPY// To,

1. The Principal Secretary Home Department, Secreta Telangana. SD/.B. REKHA RANI S TANT REGISTRAR ECTION OFFICER t, Hyderabad, State of

2. The commissioner of Police, Hyderabad Police commissionerate, Banjara Hills, Hyderabad. I

3. The Station House Officer, Women Police Station South Zone, Chelapura, Beside CTC Training Center, Bandi ka adda, Hyderabad

4. One CC to SRI SK.ASHRAF, Advocate [OPUC] 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR LS HIGH COURT DATED:1710712025 ORDER WP.No.20559 of 2025 S.,...\. ,4 ./.<. (\ 0mm --'a ' ,/ij'" //.'- .. t0 ii" ,,, I'A I. H F- ,) DISPOSING OF THE WRIT PETITION, WITHOUT COSTS a