The High Court · 2025
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Petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus Directing Respondent No.3 Not to ca, the petitioners to porice Station, and not to involve in civil disputes, unless due process of law. IA NO: 10 F 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to Direct Respondent No.3 to stay on a, further proceedings against the petitioners pending disposal of the writ petition. counse,rorthepet*ion..:,Ti'#i-bilYJl.H';ff :'*^-' 3:XH:li::ll3 [3]Bllil;' No 4: - The Gourt made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WR ITPE TITI ON No.23922 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government pleader for Home ap their consent, this writ petition is be stagc itself_ pearing for respondent Nos.1 to 3, With ing takcn up for disposal at the admission 2 '[ortoaitry 'f,",,,!,::l:: This writ petition has been filed seeking the following prayer:_ rl'i,ii,','i',,,!,"'l resp'';ttrtcnt No 3 in ttarussing,rr to tlu: Police station uithout rr;,;;";:,':*::,:',,t,ttrtioncrs : ; ;; "i': : i',: ;i ; :i l, !,:' :: : ;' : :; 'arttct llr prtitiotrcrs pcnrling disposal of : y t ;' : ;:;, i: :, ; i i! i i :ij,t : writ prtition.
3. Brief facts stated in this wri t petition are that on 22.07.2025 Amrna Anthony, Sub-lnspector of police, G.Nagaraju, Chief Inspector, Trimulgl_rerry Police Station, Hyderabad Commissionerate, called the petitioners and even sent two constables to the house of the petitioners asking them to come to police statiory Tirmulgherry and they informed the petitioners that they wanted to investigate the petiLioners and reft the petitioners to their house at 11:00 PM. It is further submitted that the petitioners were again called to police station on 28'07 2025,31.07 2o2s,05.0g.2025 and sent two constabres to the house of the petitioners and made them sit ti, evening and sent thcm off without any complaint or F.I.R registered against them and even threatened the petitioners with dire consequences. The petitioners further subr.nittcd that 4 by Petitioner No'1' responclent No'3 revealed that after several requests made in corrnection with Cnme No182 oi 2025 dated 20 07 '20i-l5 they n'ere being called to police station but' they did not provide any details of t[-re same' the same' the prescnt wri't petitiorr is filed' Questioning
4. Learned coulrsel for the petitioner subnrits that the Petitioners ready to co-operative with the investigation however' basing on the said are continuously calling the petitioners to Crime No 182 oi 2255'respondents con.te to Police Station' Learned Assistant Government Pleader for Home a1''peating for 5. respondents placed on record instructions issued by Sub-lnspector of Police' Thrimulgherry P S' wherein it is submitted that on 20'07 2025 3'd resPondent received. a message from Ozone Hospital' Secunderabad vide MLC No 637 and on receipt of said information he deputed PC-31529 of his Police Station to record the statetnent of patient - Manchala Prasad (R-4) lt'herein 4th respondent has stated that on 19 07 2075 he attended a filmil1' furction at Mangalyam Function Hall' Alwal' after completing the function' he catle to his wife,s sister,s house at Larbazar to drop out Gift items fron-r Functio. Hall in his car, while he parked the car in front of the street of his r'r'ifc's sistcr's house, one Mr- Arvind Goud came to him and asked hirn to remove the car in frontofthestreetandusedfiltlrylanguageandintlratdisputehereceived injuries on his forehead with stone, due to which he got iniurl/ on his fofehead and nose and he requested to take action. Basing on the said statcment, he registered a case in Crime No_182 of 2025 under Scctions 11g (1) reacl with t , Section 3 (5) of BNS on 20.07.2025. During the course of investigafiory. S.I of porice examined the comprain ant' LW-2and LW-3, recorded their statements, visited scene of offence and clraftecr rougrr sketch oI scene of offence in the present of panchas. Further, obtained MLC from Dr. Jashwanth of Ozone Hospital vide MLC No.63Z / 2025 whereir.r the Doctor opined the injury reccivcd by thc complainanl/4n. respondcnt is grievous in rraturc ,,ra U*o.l on the said MLC, S.l ol lolicc altcrt,d Ihe scction oI Iaw from Secrion 11g (1) of BNS read with 3 (5) to section 118 (2) read r.vith 3 (5) of BNs and filed section alteration memo before the Court of XXII Additional Chief Judicial Magistrate, Secunderabad on 30.07.2025. It is further submitted that subsequently LW-4 to LW-10 were examined and recorded their statements on 02'08'2025' He further submitteci that as per trre staternents of w,itnesses, it is disclosed that A_1, A_2, A-3, A_4, A_5 and others have committed the offence and they are absconding and the case is uncler investigation. A copy of Remancl Case Dairy is filecl along with the copy of instructions, wherein it is shown as petitioner No.2/A-5 was already arrested and remanded to judicial custody' It is further submitted that the investigating officer has not called the petitioners on 2g.07.2025, 31.07.2025 and 05.08_2025 as allegecl by the petitioner and the present writ petition is filed only to stall the investigation ancl prayed to dismiss the writ petition. I
6. Learned Assistant Government pleader for Home submits that respondent authorities are not harassing the pctitioners and are only discharging their duties since a case in Crime No.182 of 2025 was registered I 4 against the petitioners and further submits that they r'r'ould' follor'r' the due procedure as contemplated under 1aw
7. Recording the submissions made by learned counsel appearing on either side and taking into account the remand of petitioner No 2/A-5 who is part of Crirne No 182 of 2025' ttris writ petition is disp-osed of clirectirrg the petitioners to c()-oPcrate r'rrith the investigation durirrg the course of investigation' the rcsponclent authorities are directed to foliolv due process as contemplated under law beforc initiating any action on petitioners' 8, With the above clirection' this u'rit petition is disposed of ' Misce[aneous applications, if any pending, sirall stand closed N-o order as to costs SD/-A.PRATHIMA EPUTY REGTSTRAR To 1 ,TTRUE COPY// \ SECTTON OFFICER The Principal Secretary' Home Department' secretaria t, Hyderabad, State of Telanqana. Commissionerate, Telanqana , il;cBffii=sioner of police, Hvderabad District'.T.elanqana' 3 rhe Station House otticerli;"i;lg'f';il p;licJstation' 4. il;,iii;MH.JfuS LA\XIFIRM ADVOCATES AND ASSOCIATES' AdVOCAIE s iiro"ctt to GP FoR HOME, High Court for the State of Telangana' at 6 Two CD Copies Hyderabad. [OUT] "Hvderabad toPUCl PSK PS B HIGH COURT DATED:21 t0812025 ORDER WP.No.23922 of 2025 t-\\i EATT ( i3t $15 [,\j\i {; .L .* * GPDr r1fr f,\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS )t