✦ High Court of India · 23 Jul 2025

The High Court · 2025

Case Details High Court of India · 23 Jul 2025
Court
High Court of India
Decided
23 Jul 2025
Bench
Not available
Length
1,164 words

TheCommissionerofthePolice,CyberabadMetro-politanPolice'P/21'Old ri,iri"oii ui"r,*jv. tt"ri to Care Hospital 2-48, Sri Shyam Nagar, Telecom f'lrgai E*te-.tiori, Gachibowli. Hydeiabad, Telangana 500032

4. The Additional Director General of Police, ClD, 3rd Floor, DGP Office' Lakadikapul, Hyderabad Telangana, 500004

5. Bhaoavatula Suman, S/o. not known to petitioners' Aged about 45 years' " ti;Z8ir;50t-tf Ai" ruE, si".*amisn'' wn s8074,usA lndian Addrbss .403' V,,ii[Jtip-r.np" io*"o, Gne opp. a.le office, Kukatpallv, Hyderabad- 500072. ...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 pi""i"O to issue a Writ, Order or direction more in the nature of Writ of Mandamus declaring the action of the Respondent No.4 and its officers in harassing the PetitionJrs repeatedly by summoning to the office of Respondent no'4 with. a registerhg an FlR, solely on the basis of complaint threat of arrest even filed Respondent No.5, dated 261412024 as illegal, arbitrary and without authority -without lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cift)umstances stated in the affidavit filed in support of the petition, the High Court mav be pleased to direct the Respondents not to harass the Petitioners to attend the police station with a threat of arrest. Counsel for the Petitioner: SRl. A M RAO Counsel forthe Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5: --- The Court made the following: ORDER r- THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.2O56L of 2025 I ORDER: Heard learned counsel for the petitioners, Iearned Government Pleader for Home appearing for respondent Nos.1 to 4, and with their consent, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the vielr, that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition

3. The case of the petitioners, in brief, is that the respondents- authorities, in particular, the 4tt respondent is summoning the petitioners to his office under the threat of arrest, even without registering an FIR, solely based on a complaint stated to have been made by the Sth respondent on 26.04.2024, which action of the respondents-authorities it is contended as highly illegal, a-rbitrary, without any authority and sanction of law \ 2 \

4. Per contra, learned Government Pleader for' I{ome appearing on behalf of respondent Nos.1 to 4 while 1er-rying the writ averments would submit that the 5th respondent herein had sent an e-mail complaint on 26.O4.2024 against the pctitioners herein of having cheated him to an extent of 65,OOO UljD in the name of development of a non-invasive blood sugar monitoring derrice and sought to initiate action against the petitioner; herein, u,ho are working at IIT, Hyderabad

5. Learnecl Government Pleader further sulrm its that as the a,fo resaid complaint was addressed to the 3',r respondent, lr.ho after noting that the said complaint relates to ccrtain payments made to one Venkata Amaresh Motammari a:td the petitioners herein, r,l,ho are shown as Directors ol an htd an Company, had forwarded the said complaint to the 4tt respor dent, who in turn had sent to the Deputy Superintendent of Policr:, trOW, CID, to look into the same, as to whether any commir;sion of cognizable office has been taken place, for the authorities t I take action.

6. Learned Government Pleader further submits that the Deputy Superintendent of Police, EOW, ClD. on receiving the aforesaid cb'mplaint as forwarded by the 4th res,pondent had made ,:5w { 3 a GD entry and after causing preliminar5r enquiry and noting that the alleged transactions have taken place in USA and no cognizable offence has taken place within the jurisdiction of the said authority, had closed the aforesaid complaint on 16.O2.2025 as "civil in nature".

7. Learned Government Pleader further submits that the respondents-authorities except causing preliminary enquiry to verify the correctness or otherwise of the contents of the complaint lodged by the 5tr, respondent, are not harassing the petitioners by calling them to the 4th respondent's office regularly/repeatedly, as claimed. B. Learned Government Pleader would further submit that since, the complaint lodged bv the 5tn respondent has been closed as "civil in nature" on 16.O7.2025, the respondents authorities are neither calling the petitioners to the police station nor harassing them in the name of investigation into the complaint lodged by the Sth respondent herein on 26.04.2025 or threatening them that they would be arrested in connection rvith the aforesaid complaint. :;. :u1.,-- , 4

9. The aforesaid submissions made by the learr-red Government Pleader for Home is taken on record

10. Having regard to the submissions made as zLbove ar-ld taking note of the fact that the respondents authorLties though on receiving the complaint from the 5th responderrt dt.26.O4.2O24 have initialLy made zr GD entry, however, after cattsing preliminary enquiry having closed the said complaint on 16.07.2025 as "civil l11 nature", this Court is of the vierv that the respondents- authorities are to be directed not to interfere 'i'ith the life and liberty of the petitioners, except in accordance wilh lanr..

11. Subjcct to the above direction, the Writ Pe tition is disposeri of. No order as to costs

12. Consequently, miscellaneous petitions, if a nv, pending shall stand closed //TRUE COPY// SD/- K.BHAVANI SWAMY AS JISTANT RE STRAR SEC OF FICER To, 1 The Principal Secretary, Home Department' State of l-elangana' Secretariat' Hyderabad 2 The Dl Red H irector General of Police, Lakdikapul Road opposite Ravindra Bharathi' ills, Lakdikapul, Hyderabad, Telangana 5uuuu4

3. The Commissioner of the Police, Cyberabad Metropolitan Police, P/2'1 , Old Mumbai Highway, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032

4. The Additional Director General of Police, ClD, 3rd Floor, DGP Office, Lakadikapul, Hyderabad Telangana, 500004 5. One CC to SRl. A tV RAO Advocate [OPUC] 6. Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] Two CD Copies 7 KKS LS \t^,/ HIGH COURT \ DATED:2310712025 1HE Sral c 10 sEP n5 \ ) * I ORDER WP.No.20561 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS \o ."P(d a

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