The High Court · 2025

MandadiChinny,D/o.MandadiMadhusudhanReddy,WoChintalatvlohan $ R;&y, Ag"i aoout at years, occupqlion- Hous6wife' R/o-H'No'6-33' lvfirrig-udd Viiiage, Nalgond-a, Nalgonda, Telangana State- 508001' ...RESPONDENTS e .R o. E *. e d * s ,/* # s n }i * * {lI Ii T .F7 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 an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus or any other appropriate writ, order or direction. a) Directing the Respondents, particularly Respondents No'4 and 5 to forthwith restrain themselves from summoning the petitioners without following due process -th" is.ran"" of notices under section 35 (3) of law, including but not limited to proririon. of tf,e Bharatiya Nagarik Suraksha Sanhita, (BNSS) and only for legitimate purpose of investigation b) Directing the Respondents, particularly Respondents No'4 and., 'to.iollYi'h restrain thJmselves from taking any coercive action or issuing any threats against if,"- p.tition"r=, his family ,",i.'b"o, or his property, including but not limited to ir,i.rt, of false implication, generation of Look- out- circulars, or demands for transfer of property or payrient of alimony, without strict adherence to legal procedure and without any order from a competent court' c) Directing the Respondents, particularly Respondents No 4 and 5' to forthwith restrain thJmselves from harassing the petitioners under the pretext of Counselling without following due process of llw and further directing them not to compel the f"iition"tt to a-ttend the police station repeated.ly without any legal basis-' d) bl"r"ring the continuous harassment, illegat detention, and coercive actions of the n"ip".Ol.t., particularly Respondents No 4 and 5, against the petitioners' as detailed in the accompanying affidavit, as illegal, arbitrary, unconstitutional, and violative of A(icles 14 and 21 of the Constitution of lndia' e) Directing the Respondent No.2 to forthwith constitute an independent enquiry into the illigal actions and conduct of Respondents No.4 and 5 and other police personnels involved in harassing the petitioners f) Directing Respondents No.4 and 5 to produce all records pertaining to the complaint i-oOged by Respondents No. 6, 7 and 8 against the petitioners lA NO: 1 OF 2025 Petition under Section 15,t CPC praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased to direct ir," i"rpona"nts pariicularly Respondents No.4 and 5, to forthwith restrain themselves from harassing the petitioners under the pretext of counselling without i"f f"*ing due process oi trw, and further directing them not to compel ,the p"titionJrr to aitend the police station repeatedly without any legal basis pending disposal of writ Petition Counsel for the Petitioners: SRl. C H KHORANA REDDY CounselfortheRespondents:sRIR.LAXMIKANTHREDDYAGPFoRHoME The Court made the following: ORDER * *, |i $ a l: E * *. * It * q+ It * + {r r THE HON'BLE SRI JUSTICE K. LAKSTIMAN WRIT PETITION No.2 3223 of2025 ORAL ORDER Heard Mr.Ch.G.Khorana Reddy, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, Iearned Assistant Government Pleader for Home. 2 This writ petition is filed to direct respondent Nos.4 and 5 to restrain themselves from summoning the petitioners to the Police Station without following the due procedure laid down under law

3. Petitioners are in-laws of respondent No.g. Respondent Nos.6 and 7 are parents of respondent No.S. There are disputes between the petitioners, respondent Nos.6 to 8 and son of the petitioners. The same are matrimonial disputes.

4. Even according to the petitioners, marriage of respondent No.8 with the petitioners, son was performed on

20.05.2022. The husband of respondent No.g left to United States of America (USA) on 10.07.2022. Respondent No.g lefr 2 to USA and joined her husband on 04'08'2022' Thereafter' matrimonial disputes arose between them and they came back to lndia. Respondent No.S lodged a complaint with Police against her husband and petitioners alleging that they harassed her. On the said complaint, respondent Nos'4 and 5 are calling the petitioners and threatening them to settle the disputes between the petitioners and respondent Nos'6 to 8' without following the due procedure laid down under law'

5. Learned Assistant Government Pleader for Home' on instructions, would submit that respondent No'4 has received a conrplaint on 31.01 .2025 and the disputes between the petitioners and respondent No'8 are matrimonial disputes' Respondent No.5 called the petitioners for the purpose of conducting enquiry. Except that neither respondent No'5 nor hissubordinateslrarassedthepetitionersasallegedinthe present writ Petition'

6. At this stage, leamed counsel for the petitioners' on instructions, would submit that on filing of the present writ , 1 3 petition, at about 09.07 p.M. on 05.0g.2025, petitioners received a call from the Sub_Inspector of police, Nalgonda Rural Police Station, who threatened petitioner No.l to withdraw the present writ petition, failing which he will lift the counsel for the petitioners. In proof of the same, he has produced screenshot ofthe call.

7. Whereas, learned Assistant Govemment pleader for Home, disputing the said fact, would submit that respondent No.4 will conduct the enquiry on the said complaint dated 31.05.2025 submitted by respondent No.g strictly in accordance with the procedure laid down under Bharatiya Nagarik Suraksha Sanhita, 2023 and, also the guidelines issued by the Apex Court in Lstitha Kumari v. Government of []ttar Pradeshl .

8. Learned counsel for the petitioners, on instructions, \ would further submit that at present, petitioner No.l will I AIR 2OI4 SUPREME COURT I87 4 cooperate with the Investigating Officer in conducting enquiry pursuant to cornplaint dated31.01 '2025'

9. In the light of the saici submissions, notice to respondent Nos.6 to 8 is dispensed with. This Writ Petition is disposed of directing respondent No.5 to conduct enquiry pursuant to the complaint dated' 31.07.2025 submitted by respondent No'8' strictly in accordance with the procedure laid down under BNSS, 2023 and also the guidelines issued by the Apex Court in Lalithu Kumari (cited supra)' Respondent No'5 and his subordinates shall keep in mind that the disputes between the petitioners and respondent No'S are matrimonial disputes while conducting enqutry. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs' Sot-a.v.s. PRASAD DEPUW REGISTRAR //TRUE COPY// SECTI OFFICER To,

1. The principal Secretary, Home Department' Secretariat' Hyderabad' , +f; 5BqaH"?'3L"n.r"r of Police, relangana state' Lakdikapul' relansana ,f,1ilqgmi[.?.d:fitis#l'l,1:&ff;i#li#:.s-!;]qffi ,y;, S'ia'ion' 27R3 p us ' i**it+;dlgg€""fi'i[r.iT,1t'ilflB::: s,T,t i$ice ;rt f {l * * *. 9n" 99 to SRt. C H KHORANA REDDy Advocate [OpUC] Two CCs to Gp FoR HorME ,Hish Cou,r i;;il; Sia;'oii6tansana. [oUT1 Two CD Copies f) 7 B KKS BS / i F h rI I E F F $ s a i* * * * s R * t; CC TODAY HIGH COURT DATED:0610812025 ORDER WP.No.23223 ot 2025 STA o() 1r [\]$ ?t25 F * p1 DISPOSING THE WRIT PETITION WITHOUT COSTS // /7/9,/15