Salla Janaki v. 1. The State of Telangana

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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in interfering into the peaceful life and liberty of the petitioner and also interfering into the matrimonial disputes between the son of the petitioner and respondent No.7 and calling the petitioner to the police station and threatening and creating panic situation, by demanding to register the house of the petitioner, on the name of respondent No.7 this is highly illegal, arbitrary, unconstitutio na I and violation of Articles 14, :; 21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.S not to interfere into the peaceful life and liberty of the petitioner and also not to interfere into the matrimonial disputes between the son of the petitioner and respondent No.7 and not to call the petitioner to the police Station, not to threaten and creating panic situation, by demanding to register the house of the petitioner, on the name of respondent No 7' IANO: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.5 not to interfere into the peaceful life and liberty of the petitioner and also not to interfere into the matrimonial disputes between the son of the petitioner and respondent No.7 and not to call the petitioner to the police station, not to threaten and creating panic situation, by demanding to register the house of the petitioner, on the name of respondent No.7 pending disposal of the Writ Petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondent Nos. 1toS: SRI R. LAXMI KATNH REDDY' AGP FOR HOME Counsel for the Respondent Nos.6&7:- r The Court made the following: ORDER W /,, & THE HONOURABLE SRT JUSTICE N.TUKARAMJI WRIT PETITION No.24240 of 2025 ORDER; This writ petition is filed seeking following relief: "...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in interfering into the peaceful life and liberty of the petitioner and also interfering into the matrimonial disputes between the son of the petitioner and respondent No.7 and calling the petitioner to the police station and threatening and creating panic situation, by demanding to register the house of the petitioner, on the name of respondent No.7 this is highly illegal, arbitrary, unconstitutional and violation of Articles 14, 2l and 300-4 of the Constitution of India and consequently direct the respondent No.5 not to interfere into the peaceful life and Iiberty of the petitioner and also not to interfere into the matrimonial disputes between the son of the petitioner and respondent No.7 and not torcall the petitioner to the police station, not to threaten and creating panic situation, by demanding to register the house of the petitioner, on the name of respondent No.7...."

2. I have heard Sri Rapolu Bhaskar, leamed counsel for the petitioner and Mr. R. Laxmi Kanth Reddy, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5.

3. Leamed counsel for the petitioner submits that the fifth respondent, under the pretext of receiving a police report ---.\ 2 from the petitioner's daughter-in-law, has been summoning the petitioner to the police station. By doing so, the fifth respondent is interfering with the petitioner's right to a peaceful life and personal liberty, effectively intruding into what is essentially a matrimonial dispute between the petitioner's son and the respondent No'7/de facto cornplainant.

4. On the other hand, the learned Govemment Pleader submits that the concerned police authorities received a report on 05.08.2025 and, in the course ,of inquiry, summoned the petitioner and certain others' Except a preliminary for this limited purpose of inquiry, the respondegrts have not otherwise involved themselves in the matrimonial or any other civil disputes between the parties'

5. Heard perused the materials on record'

6. Upon a careful consideration of the pleadings, submissions,, and the material placed on record, it is evident that a police report was filed by the petitioner's daughter-in- law, pursuant to which even the petitioner was summoned to \ t -) t I the police station. Prima facie, the matter discloses the existence of a matrimonial dispute. 7 . However, having regard to the apprehension expressed that the respondent police are interfering in such matrimonial I disputes, this Court deems it appropriate to issue a direction that the respondent police shall refrain from interfering in the said matrimonial dispute, save and except strict compliance with law.

8. If any criminal investigation is necessitated, the respondent police shall proceed only in accordance with the provisions of the Code of Criminal Procedure and the t Bharatiya Nagarik Suraksha Sanhitha (BNSS), parlicularly Sections 41-A and 35(3) of the BNSS, and shall act strictly in conformity with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar.

7. With this direction, the Writ Petition is allowed. No order as to costs. 4 As a sequel, miscellaneous petitions, pending if any, shall stand closed. \ SD/- A.H.S. GOWRI SHANKAR T NT REGISTRAR AS I //TRUE COPY// I becrroru oFFrcER To, T.S.,Hyderabad. Warangal Distrlct).

1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Z fne Oiiector General of Police' Telangana State, Hyderabad' 5. ir;; 5;;;i;tenoeniorporice, iayasrrinr<ar-Bhupatipali Districr. (Erstwhire +. ine Oe-puty Supe'rintendent of Police, Parakala Division, Jayashankar- 5. iil-st;tig'1 House officer, chityala police station, Jayashankar-Bhupalapalli o. One CC to SRl. RAPOLU BHASKAR Advocate IOPUC] - 7. iil CCs to GP FoR HoME ,High Court for the State of Telangana at 8. Two CD Copies Bhupalapalli District. Hyderabad [OUT] District. BM PVL \ t HIGH COURT DATED:1 810812025 .\ ,/ c U 1 0 sEP 2025 * o '-l ., _ -.t- _ ORDER WP.No.24240 ot 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS y> 1O