✦ High Court of India · 24 Jul 2025

The High Court · 2025

Case Details High Court of India · 24 Jul 2025
Court
High Court of India
Decided
24 Jul 2025
Bench
Not available
Length
1,253 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 issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the inaction of the Sth respondent police in taking action on the 6th respondent for his illegal act of trespassing, outraging women modesty, threatening the petitioner as if he is a police constable from task force and consequently (a) direct the 3rd respondent to conduct enquiry against the 6th respondent for exceeding the powers conferred upon him under Home Guards Act and also (b) direct the respondent No.2 to initiate action against the 4th respondent for the highhanded action of the respondr:nt No.6 in harassing sexually and humiliating the petitioner. 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 C )ud may be pleased pleased to direct the Respondent No 4 not to harass the petitioner through respondent No.6, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI GEORGE VICTOR Counsel for the Respondents No.1to5 : GP FOR HOME Counsel for the Respondents No.6 : -- The Court made the following: ORDER -!rt ,{il *""!y1{-1! *- THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.21484 of 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, 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, the nature of lis involved, and since, the 6tl,respondent is arrayed as Eo Nomine and is attached to the office of the Sth respondent, this Court is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that the 6th respondent herein had barged into her house on 14.O7.2025 between 2300 to 0030 hours midnight illegally by jumping from terrace of her house, entcred into her bedroom and, molested her and passed vuigar gestures towards her, upon rnhich she had raised hues and cries and thereaJter the 6th respondent left the house of the petitioner and threatened her claiming that he is working S 2 -@E constable of Task Force and that ii the petilroner makes any complaint, shc u,ill have to face dire consequenc(.s

4. It is tl-re further casc of the petitione r that again on

17.O7.2025 ancl 18.07.2025 the 6'r, rcsponderrt had trespassed into her house illegally and molested and misbr haved r,".ith her in highly inappropriate and unlau.fui manner, causing immense mental trauma and humiliatior-i, upon which hc petitioner had approachcd the 5th respondent and lodged a conrplaint against the

6.r, responderrt or-r 19.07.2025 and in spite of ttrc same , no action is taken agatrrst tl-re 6tlr rcspondent, r.r'hir 1-r action of the respondents it is contended as highli,. illegal. arbitrary ancl in violation of fr-Lndamer-rtal rights guaranteed undr:r thc Constitution of India.

5. Per contrct, learned Government Pleader for Home appearing on behalf of rcspondent Nos.I to 5 u,hile denying the rvrit averments u,ou1d submit that the petitioner's, husband namelg Yousuf Ali Khan, is involved in a crime, which is pending trial on the file of III Additional Chief Metropolitan Ma[.isrrare, Hyderabad at Nampally uide CC.No.125/2017, whererin non-bailable rvarrant(NBW), dt.05.07.2024, is pending for ex:cution. \ ,/.//' 'd:.: 3

6. Learned Government Pleader further submits that when the 6th respondent, u,ho is attached to the 5th respondent-police Station, had visited the petitioner's house on 14 .O7 .2025 to execute the said NBWs pending against the petitioner's husband namelg Yousuf Ali Khan, the petitioner had prevented the 6rh respondent from discharging his official duties for executing the warrant pending against her husband, and only in order to protect her husband, the petitioner had submitted a false representation, dt.19.O7 .2025 by sending rhe same through registered post. 7 . Learned Government Pleader further submits that the respondents-authorities, particularly the 6tn respondent, except seeking to execute the NBWs pending against the petitioner's husband in connectior-r u'ith CC.No.125l2Ol7, has not committed any offence as alleged b_t, the pe titioner in the present Writ Petition. B. I have taken note of the respective submissions made.

9. Though the petitioner claims of the 6th respondent entering \ her house on 14.07.2025 in the late hours of the day and having molested her, the facts as stated before this Court relate to involvement of petitioner's husband in a crime pending on the file 4 rajE&r! \. '! 1..;::e?- \ ol the III Additional Chiel Metropolitan Magistrat:, Hvderabad at Nampally uide CC.No.125 12017, "r'herein execution against the petitioner's l-Lusband. Sir-rce. il is now stated NRWs are pendir-rg for tl-rat on the 6'h respondcnt seeking to execute tl-re said NBWs pending against the pctitioner's husband. the petLtrrrncr has come up r.vith thc present Writ Petition claiming of shc ireing subjected to molestation, this Court is oi the vier.r' thiLt while the Str' rcspondent is to be directed to look into the aforcsaid t:omplaint of tl-re petitioner sent through registered post on 1').O7 .2025, the respondents are to bc directed Lo execute the \\ itrrilnt pending against lhe petitioner's husband and in thc cvcnt of ar-i1' clisp ute / ctisturbance being caused by the petiti,;ner or anybody, the respondents-authorities are at liberLy to take :rppropriate action. in accorclance r.r,ith 1ar,.

10. Subject to the above directions, the Writ P'tition is disposed of. No order as to costs. I 1. Consequently, miscellar-reous petitions, if rtny, pending shall stand closed' //TRUE COPY// DEPUTY REGI TRAR 'D/'A'PRATHIMA SECTI OFFICE R To, 1 The Princioal Secretary, Home Department Dr' B R \mbedkar Secretariat' State of Telangana, HYderabad' t' 2 3 4 6 7 8 The Commissioner of Police, Hyderabad City, Road No.12, Banjara Hills, Hyderabad. The Commandant, Home Guards, 5-3-3201124, Troop Bazar Road, Hawa Mahal Colony, Gosha Mahal, Nampally, Hyderabad. The Station House Officer, Banjara Hills Police Station, Banjara Hills, Hyderabad. The Station House Officer, Golconda Police Station, Golconda, Hyderabad One CC to SRI GEORGE VICTOR, Advocate. [OPUC] Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] Two CD Copies. BSK LS w HIGH COURT DATED:2410712025 ,,: ) \ "(' ' \ a' ,' z r"l \\ 10 sEPA6 r)5 st'arcnL ORDER WP.No.21484 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ - r.(a b LUY \1 --.. ^u -;{svv

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