High Court · 2025

B. B.Jalaja, Wo: B.Srinivas, Aged about 41 years, Occ. House wife R/o H No.16-9-8'17/37, Sarojini Nagar Colony, Old Malakpet, Hyderabad. 9. A.Neeraja, D/o: Late A.Prakash, Aged about 36 years, Occ. House hold R/o H.No.16-9-817137, Sarojini Nagar Colony, Old Malakpet, Hyderabad.

10. Mr.B.Srinivas, S/o: B.Prabhakar, Aged about 47 years, Occ. Business R/o H.No.16-9-817137, Sarojini Nagar Colony, Old tVlalakpet, Hyderabad. .,.RESPONDENTS Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or orders, particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in not registering the FIR pursuant to the compraint dated o8-1 1-2021 by providing porice protection in pursuant to the Decree dated 21^02-2017 passed in o.S.No. 12.12 of 2014 on the file of the XIX Junior Civil Judge, City Civil Court iregar and consequenry issue a direction ," ,r" ,.1,.il"';::T"l::it]':l,I: immediate action against unofficial respondents in order to save the life and property of the petitioner by registering the FIR in view of .f ragm*t ,"O"n"O ,. 2021 (S) SCC 469 in the case of Charan Singh Vs. State of Maharastra and others and alio Lalitha Kumari Judgment Oy proviOing police protectign. IA NO: 10F 2021 petition under section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue a direction to the respondent No.4 to register tne comptaint-;;;:r;rrl forthwith pending disposat of the Writ petition in the interest or;;;"" :" ' Counset for the petitioner; SRI MOHD ASIFUDDIN Counsel for the Respondent Nos.1 to 4: Gp FOR HOME Counsel for the Respondent Nos.5 to 10:--- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.30333 of 2O2L ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ petition is taken up for hearing and disposal at the admission stage.

2. Despite the petitioner being directed to take out notice to the unofficial respondents 5 to 10 and file proof of service, the same has not been filed till date. However, having regard to the manner of disposal of the writ petition and nature of /s involved, this Court is of the view that the matter can be proceeded with, without having the audience of the said respondents.

3. The case of the petitioner, in brief, is that though he has approached the respondents-authorities and submitted a representation dt.08.11.2021 seeking police protection for implementing/enforcing the judgment in O.S.No.1212 of 20t4 dt2l02.21t7 , no action has been taken thereon by the respondents-authorities by extending police protection, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

4. Counter-affidavit on behalf of respondent Nos.1 to 4 is filed. I I 2

5. By the counter-affidavit, it is stated that since the petitioner claims of having obtained a decree in his favour by filing a suitt, videO.S.No.1212 of 2014 and inasmuch as no specific orders have been issued by the competent Court of Civil jurisdiction for providing police aid/protection for implementing the aforesaid decree, the respondenG-authorities cannot provide any such police protection and for the said reason, no action has been taken on the representation/complaint of the petitioner.

6. Learned Government Pleader further submits that if the.competent Court of Civil jurisdiction passes any oi.der directing the respondents- authorities to provide police aid for execution of the decree, the authorities would abide by the same.

7. I have taken note of the respective contentions urged. B. Having regard to the submissions made as above, though the petitioner claims of he having obtained a decree and judgment dt.21.02.2017 in O.S.No.1212 of 2OL4 in his favour, inasmuch as it is not shown to this Cburt of the petitioner taking steps seeking execution of the aforesaid decree and also filing an application therein seeking police aid, this Court is of the view that the petitioner having initiated civil action should be directed to avail further remedies provided under Code of Civil Procedure, 1908 and for the said reason, cannot invoke the extraordinary jurisdiction of this Court for execution of a decree obtained by him. 3

9. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII SD/. N. SRIHARI DEPUTY REGISTRAR SECTION OFFICER at, The State of 1 The PrinciPa I Secretary, Home DePartment, Secr rbagh, HYd AmberPet, Hyd erabad. Telangana.. HYd erabad The Commisston er of Police, Bashee misstoner of Police, The DePutY Com The Station House Officer, Chadergh at Police Station , Hyderabad One CC to Sri Mohd Asifuddin, Advocate [OPUC] Two CCs to GP for Home, High Court for the State of Telangana, at Hyderab 7. Two CD ad [OUr] Copies erabad 2 3 4 5 6 / To, TJ SS 0nC,.. HIGH COURT DATED:3010412025 ORDER WP.No.30333 of 2021 ttla sh, ( -)t{ v^ ? z tqu zuz: (.( i. c ,! i .A'i t DATCH go DISPOSING OF THE WRIT PETITION WITHOUT COSTS ro\q\"(