tvl A S Ali Khan S/o Abdul Azeez Khan v. L 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 a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering with my day-to-day business and life and liberty at the instigation of the 4th respondent, without following due process of law and without jurisdiction in relation to family disputes pending before various forums, as illegal, arbitrary, unjust, violative of the BNS and BNSS Acts, 2023, and contrary to Articles 14 and 21 of the Constitution of lndia. 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 Court may be pleased to direct the 3'd Respondent not to interfere with my day-to-day business and life and liberty at the instigation of the 4th respondent, without following due process of law and without jurisdiction in relation to family disp,r,rtes pending between us, and to issue notice under Section 35 of the BNSS, in terms of the judgment of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar & Ors., (2014) 8 SCC 273, forlhwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI KARUNAKAR REDDY Counsel for the Respondents No.1 to 3: GP FOR HOME Counsel for the Respondent No.4: - The Court made the following: ORDER ,. ,' ..,,. --. ,,^,; ,- ., .:\ THE H SIr:ll N.\I.SHRAVAN ffiifr[nrl Writ Petition 24359 of 2025 This writ petition is filed seeking the following prayer: "...d.eclaring the a.ction of .tlrc 3rd respondent in interfering with mA day-to-dag buslness and. tife and. tibertg at the instigatiorl of the 4th respondent without following due process of law and utithout jurisdiction in relation to family disputes pending before uarious forums as iltegal arbitrary unjust uiolatiue of the BNS and B/VSS Act, 2023 and contrary to Articles 14 qnd 21 of tLrc Constitution of India..."

2. T!l,e petitioner submits that he has no grievance against respondent No.4, as such notice to respondent No.4 is hereby dispensed with. The facts of the case in brief are that petitioner was married to respondent No.4 on

05.08.2021 at Noble Function HaIl, Warangal as per Muslim Rites and Customs. Thereafter certain disputes arose between petitioner and respondent No.4, however the sarne were settled with the intervention of elders and respondent No.4 and her family members executed an apolory letter dated 2L.O2.2O22 undedrtaking not to interfere in their marital affairs. Thereafter due to repeated \ u 2 interference, the petitioner contracted second marriage on Ol.O7.2O2l with mutuai consent of respondent No.4. TLrereafter respondent No.3/women police Station, Hanamkonda conducted certain counselling SCSSlONS between petitioner and respondent No.4.

3. On O5.08.2025, respondent No.3 sLlmlnoned the petitioner to the Police station and when the petitioner appearecl before the Police, the farnily members of the respondent No.4 attacked the petitioner in front of police Station in the presence and with knowledge of respondent No.3. Instead of conducting counselling, res'pclndent No.3 threatened the petitioner to settle the clisputes by paying the demanded amount to respondent No.4. When the petitioner tried to lodge complaint against the attackers, respondent No.3 refursed to receive the same in collusion with respondent No.4. Thereafter, it is submitted that petitioner was unlawfully detained in the police Station for a few hours and released later on the sarne d"y. It is further submitted that petitioner has also made a complaint to the Director General of police, Telangana State on 06.08.2025 seeking redressal. Even after t.:\ J complaint is pending for enquiry, respondent No.3 Police are interfering in the daily activities of the petitioner. Questioning the sarne, the present Writ Petition is filed.

4. The Sub-Inspector of Police, Subederi Women Police Station has fited a copy of instructions through the learned Asst. Govt. Pleader for Home stating that on 22-or- 2025, respondent No.4 has lodged a complaint before respondent No.3 stating that her husband (petitioner herein) is scoldin.g her at the instigation of petitioner's mother for small things and that on 24-OT-2025, respondent No.3 called the petitioner as well as respondent No.4 to the Police Station and conducted counselring. Howe.zer, the enquiry is under. progress and after finalisa.tion of the enquiry necessary action will be taken in accordance to lanv. It is further submitted that the respondent No.3 Police has never interfered with the petitioner's life and that respondent No.3 staff are discharging legitimate duties and has never harassecl, threatened or interfered with the petitioner's personal lif'e. \ 4 \

5. Heard learned counsel on either side and perused the record.

6. Having considered the facts and circumstances of the case, this Writ Petition is disposed of r,vith a direction to respondent authorities to follo'uv due process of law in conducting enquiry and before initiating any action against the petitioner. Needless to state that petitioner shall cooperatc vrith the enquiry and counselling d for further h, course of action.

7. With the above observations, this Writ Petition is disposed of. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs //TRUE COPY/ To

1. The Principal Secretary, Home Deportment, Hyderabad. .PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER Telangana, Secretariat, 2- The commissioner of police, warangal, At. Hanmakonda. 3. The Women Police Station, its rep by Station House Officer (S'H'O)' at Subedari, Hanmakonda,

4. One CC to SRI KARUNAKAR REDDY, Advocate [OPUC] 5. Two CCs to GP for Home, High court for the State of Telangana at Hyderabad. [OUT]

6. Two CD CoPies MP,TKS Pc q" , !i: I I HIGH COURT DATED:1 9/08/2025 20$tcM v * ,;i' ORDER WP.No.24359 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT GOSTS tottil-{