High Court · 2025

Petition under Article 226 of lhe constitution of India 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, declaring the action of the respondent No 3 herein in calling the petitioner herein to the police station in relation to an unconcerned case bearing FIR No. 102 of 2024 dl. 16-3-2024, without any notice and without there being any involvement of the petitioner in the said case, as being illegal, arbitrary, unjust, u nconstitutiona I and violative of Article 21 of the constitution of lndia and consequently direct the 3rd respondent not to call the petitioner to the police station without following the procedure contemplated under the Law. I i IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances in the affidavit filed in support of the petition' the High Court may be plea direct the 3rd respondent herein not to ca the petitioner to the police sta reration to FrR No. 102t20240r in any manner interfere with his personal li liberty, pending disposal of the main Writ Petition' in the interest of justice' stated sed to tion in fe and IANO:2O F 2025 Petition under Section 151 CPC praying that in the circumstances in the affidavit filed in support of the petition' the High Court may be plea direct the 2nd respondent to issue qrders for defreezing the account petitroner in the 4th respondent bank, pending disposar of the main writ P in the interest of justice stated sed to of the etition, Counsel for the Petitioner: SRI SARDAR JASBEER SINGH Counsel for the Respondent No'1 to 3: AGP FOR HOME The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24072 of 2O25 ORDER Heard learned counscl for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself

2. This writ petition lras been filed seeking the following prayer:- "...to declnre the nctiott oJ the respondenf No.3 lrcreht cnLling tlrc petitioner herein to the police station in relntiort to an unconcernetl cnse bearing F.l.R.No.102 of 2021 dnted 76.03.2024, toithout aty notice nnd uithout tlure being any mttolaement of the petitioner in the said uLse, as being illegal, nrbitrary, uttjust, unconstiLutional atul oiolatiue of Article 21 of the Constittttion of lndit and consequently, direct tla 3'd respondent not io call tle petitioner to the police stntion utitlrcLtt folloruing the proceCurc contentplntetl uflder the lmu..."

3. Brief facts stated in this writ pctition are that on 30.07.2025, the petitioner received a phone call frorn responclent No.3 asking him to come to police station and whcn thc pctitioner went to the police station he was made to sit in the police station till [ate night and upon his persistent rcquest, 3'd respondent informed him that he is investigating into Crime No.102 of 2024 and asl<ed him certain questions. 'fhe petitioner obtained copy of the F.l.R.No.102 of 2024 and after veri{,ing petition noted that it pertains to cheating and breach of frust, on a complaint givcn by one Smt.Mopidevi mahalakshmi against a company i-e., M/s VBi Capstone Builders Private Limited and tl-re issue is with r.egar.d to a land sale lransaction and the said 2 company cheated the complainant. It is furtllcr subrnitted that the petitioner has nothing to do with the said offence and it is rlot known as to u,hy 3ra respondent has called him to the police station in the above said case. 'fhe petitioner submits that he is no way concerned with the accused ar-rd F.LR ancj that he was not involved in any offence inspite of tl-re same, the repondcnts are calling him and he is apprehending a thrcat that rcspondent No.3 woukl implicate him in the above case. Questioning the sarne, the present writ petition is filed.

4. Lcarned counsel for the petitioner submits that tlre petitior.rer is rcady to co-operative n ith the investigation hower.er, basing on tl,rc said Crimc No.102 of 2024, respondents are continuously calling the petitioner to corne tc) Police Station.

5. Learned Assistant Government Pleader for I-Ion.re appearing for respondents placed on rccord instructions submitted b1. Assistanl- Commissioner of Police, EOW Team-VII, CCS, DD, Hyclerabad, u,herein it is submitted that on 76.03.2024 a complaint was received from Srnt.Mopidcr.i Mahalakshmi allcging that one Venkata prasad Guptha Kandula and Anuradha Guptha Kandula, Directors of VBJ Capstone Builders private Limited along with one Dande Yugendher induce<I her. to purchase 5 plots (total 1000 square yards) in Sy.No.1Z0, Laxmi Nagar, Kapra Villagc, for Rs.2,21,,00,00O / - and she paid Rs.1.65 crore (Rs.80 lakhs by cheque to the company and Rs.85 lakhs in cash to the Directors) and entered into a sale agreement on 09.01.2020, thereafter the accused failed to registcr the plots, ) avoided communication, and threatened the complainant using bouncers. / However, later they agreed to refund the amount and issued cheques totalling to Rs.1,37,70,000 /- and promising Rs.27.30 lakhs in cash and the said cheques were bounced due to insufficient funds and further cheques from IDBI Bank were also non-operational. Despite the repeated demands, the money was not returned and thc accused persons acted in collusion to cheat and threatened the complainant, as such requested legal action. Basec{ on the said complaint, a case was registered in Crime No.102 of 2024 under Sections 420, 406, 506 read with 120-8 IPC ancl the case was cntrusted for investigatin. Subsequently, offence under Sections 468,471,409 of IPC wcre added to the existing sections on 09.05.2024 basing on the statements of the victims. It is further submitted that during the course of examination, the investigating officcr examined the complainant, w,hercin it was nanatcd that thc petitioner/ alleged accused acted as a mediator, and concealed knor.r,n land disputes and offerred disputed land as an altcrnativc and tl-rat l-re has colludecl with the main accused persorL. P rin rrt-facie it was established agairut the petitioner/ alleged accused. Thereafter he was called many times to pr.ove his innocence in this case but he never turned up. It;s further submitted that during the course of further investigaiion the investigating officer has also addressed a letter to Branch Manager, HDFC Bank, Alwal Branch, Secunderabad with a request to freeze the debit account of the: I { petitioner/a1leged accused, thereby freezed the account of the petitioner.. 4

6. Learned r\ssistant Gover.nment pleader for Flomc subrnits that the petitioner is o.11'a suspect and he was caled for thc purposc ,f enquiry anrl till date he has not turned up, inspite of the same, he has filecl the prescnt writ petition. Leamcd Assistant Government pleader rvoul<I further submit that in casc the petiiioner co-operates lvith the i,vestigati.^, app.opriatc actio. woulcl bc taken as contemplated undcr law.

7. Learned counsel for the petitioner fairly submits tha t the petitioner would co-operatc with the respondcnt authorities.

8. Recording the submissions made by learned cour-rsel appearing on cither side, this writ petition is disposed of directing Lhe respondent authoritics to take appropriate action sh'ictly in accordancc with law be{ore initiating ar-ry action or-r petitioner. 9 With the above direction, this writ petition is c{isposecl of Miscellancous applications, if any pending, shall stand closcd Nc> older as to costs. //TRUE COPY// SD/-P. PONNA KRISHNA S ISTANT REGISTRAR r-4+-- SECTION OFFICER 1 2 4 t t) The Principal Secretary, Home Department, Secretariat' Hyderabad' State of Telangana. The Assistant Commissioner of Police, EOW Team-Vll CCS' DD' Old C P' Office Basheerbagh, HYderabad The Station House Officer, Central Crime Station' Hyderabad' The Branch Manager, HDFC Bank Limited, Alwal Branch (0632) Medchal Malkaigiri District One CC to SRI SARDAR JASBEER SINGH, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] To, 7 Two CD CoPies aaP \,,\.. HIGH COURT DATED:21 10812025 ,l t ) ORDER WP.No.24O72 of 2025 sEH1Rok l4 I4.- +' .) ) 26ruEm ) 2, i-.sn41-,rEg + + -d DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I I 1 t