High Court · 2025

K. Lavanya, Wo P. Srinivas Aged about 24 years, Occ Private service r/o 18- 6-402, Outside, Lal Darwaza Hyderabad-65. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavil filed therewith, the High Court may be pleased to issue a writ, order or direction more in the nature of writ of mandamus declaring the action of the 5TH respondent herein in illegally detaining the petitioner and his brother in Police station Medipally on 10-5-2016 and obtaining their signatures on blank white papers and stamp papers, by exercising coercion and not taking action on the legal notice issued on 28-5-2O16 against sth and 6th respondent, as illegal, arbitrary and u nconstitutional and consequently direct the 1St respondent herein a) to initiate disciplinary action agarr herein for his illegal acts and b) to direct the 5th responcr register case against 7th respondent and her family rrr offences c) direct the 1st respondent to grant compensat( the petitioner for illegally detaining him in the 5th police s z 5th respondent herein and for abusing the petitioner i obtaining signatures and thumb impression on Stamp pa r white papers in favour of 7th respondent and d) direct the tit to not to interfere with the disputes between the petitioner e direct the sth respondent to return the white papers and st, signatures and thumb impressions of petitioner and his brot the petitioner. ;t the 5th respondent nt herein to forthwith mbers for the penal n of Rs.1,00,000/- to tion on 10-5-201 6 by nd his brother and rr and also on blank r and 6th respondent rd 7th respondent e) mp papers on which ers were obtained to l.A. NO: 1 OF 2016(WPMP. NO: 26893 OF 2016 Petition under Section 151 CPC praying that in the rircumstances stated in the affidavit f iled in support of the petition, the High Co J t may be pleased to direct the 5th respondent herein and his subordinates rrr t to interfere in the matrimonial issues and further Direct the Respondent no. {; .o return the STATVP PAPER got executed forcibly in the police Station, pendir ( disposal of the writ petition. Counsel for the Petitioner: SRI J.MOHAN SINGH (Nor pREsr:t r) Counsel for the Respondent No.1 to 6 & 8: SRI R.LAXMIK/\ ITH REDDY, AGP FOR HOIVII Counsel for the Respondent No.7: SRI ALUGANI RAM MOt- AN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION N 0.21893 0F 2016 ORDER This writ peridon is filed seeking for the following relie f: "-..to issue a rvrit, order or <hrccEon more in the narurc o[ lvnt of mandamus declanng the acnon of thc 5d respondent herein rn rllegallv rlctaining the peutioner and his brothcr m Police sta[on Nledrpally on 10-5 201(r and obtaimng their signatures on blalk r"hite papers aod stamp paPers, by txcrcisrng cocrcion and not taking acnon on the legal noticc issued on 28 5 2016 agarnsr td and 6'h rcspondent, as illegal, arltitrary lnd unconstrtuoorral ancl corrtcqucntlv dtect rhe l" rcspondent herern a) to rmtiate drsciplirlary acrion atarn:t rhe 5'h respondent hcrein for lus rllegal acts and b) b dircct Lhc 5d responclent hcrern to forthwrth rcgrster case against 7'r' rcspondent and hcr farmly mtmbcr. for the penal offences c) direct lhc I st resPondeflt to lIent comPensat(rn of lts 1.t)(],00tt/ to the pctitioner for illegal\' derarrulg lum tr the 5d policc rt^tion (m lrl ; 1016 bv 5d resPondent hctern and f<rr abr'rsrng thc peunoner and hrs ltrc'ther and obtauung signatures and thumb rorPressron on Stamp papcr and rlso 'rn ltlank white papers rn favour o[ i-d respondent and d) drrcct the id'and (r'r' rc'Pondent to not to interfere \tIth thc disputes bcrween the petiuoner and 7'h rcspondcnt e) dtect the 5d resPondent to rcrum thc white papers and stamp papcrs on uhich sgnatures and rhumb impressions of pctitioncr and tls brothcrs wcrc obrarnrd to the petruoner and to pass such othcr orders ..".

2. None appears on behalf of the peririoner

3. I have heard N[r.R.Laxmikanth Reddy, lcarncd Assistant Government Pleader for Home aPPe aring For respondent Nos.1 to 6 and 8.

4. Learned Assistant Governmcnt Pleader for Home would submit that the contcntions raised by the pe titioner as 2 to detenrion and obtaining signarures on blarr I' Papcrs are unsubs tantiatecl bv anv material excePt for tlr,r l)etitioner's brar.c pleading. I-carncd counsel asserts that thc csp<lndents nc\rer commrrted any Act as contended in the p'' rrion. Thus, this peridon is u,rthout substance and prays for ttr rrnissal

5. 6 I have pcruscd the materials on record' 'fhe petittoncr sought for aclion against tlrt rcspondent No.5 tbr clctaining hirn and obtaining signah.rr r>r-r blank S papers. Fr,rrrhcr, contcndcd that the respondc,r authoritics har.c failed t() takc any action on legal r rtice datcd

28.05.2016

7. Havins consiclcred thc submissions rri tcle in the pcdrion ancl in thc absence of arty matc- rl shorving dctcntjon or: obtaininq signatures on blank whrtt papers and in the contrastin[] clalm by the respondent No.5 lrau'ing an1' conclusion rvouid bc imperrnissible. Thus, thc ;r aver to that extent, is fourlcl lrnacccptable . That z;part, thc cor te nuon that tl-re drrectiorr in not taking aclion on the legal ,r rrtce and t{t 3 a register a case against resPondent No.7 and family members for prosecution. The materials placed on record are not disclosing any steps taken by the petitioner before the Magistrate concerned availing the remedies under Cr.P.C/BNSS. The Hon'ble Apex Court in S'akin VaY u' State of U.P. d, Others, AIP. 2008 SC 907, has hcld that availing remedy under Article 226 of Constitution of India for limited purpose on registcring o[ crimc is not maintainable without availing effect.ive efficacious rcmedies availat:le under the Cr.P'C./BNSS. In thc circumstances' the praycrs of the petitioner are falling short for considcration' Accordingly, this petirion is liable to be dismissed' However, the other remedies available under law to the Pct.itioner arc expressly reserved. Subiect to the abovc, this wrtt Petltron stands dismissed. There shall be no order as to costs Miscellaneous Petitions, pcnding if any, shall stand close d' //TRUE COPY// sdL .s. GOWRI s SISTA ISTRAR SECTION OFFICER To, 1 2 One CC to SRI J.N/'IOHAN SINGH' Advocate [OPU One CC to SRI ALUGANI RAM MOHAN, Advocate [OPUC] TwoCCstoGPFoRHoME,HighCourtforthestateofTelanganaat Hyderabad [OUT] 4 Two CD Copies \* BSR HIGH COURT DATED: 2810812025 ORDER WP.No.21893 of 2016 03 ;'J Iffi (1 o ...\ DISMISSING THE WRIT PETITION, WITHOUT COSTS Ira0l M