High Court · 2025

Smt.B.Kanaka Durga, W/o. Vara Prasad Rao Aged about 51 years, occ- Household, Rl/o.H. No.7-170, Flat No.2/1 , Arunodaya Apartment, Dharam Karam Road, Ameerpet, Hyderabad. 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 any order or orders or direction, Writ or Writs more particularly one in the nature of a WRIT OF MANDAI\4US declaring the action of the ...RESPONDENTS Respondents No.4 to 6 in detaining of petitioners on 14.08 :l()25 from O1-00pm to 6-00pm at Panjagutta Police Station and using abus r'e language, and threatening the petitioners to send to the Charlapally or Ch:rrrchalguda Jail' is as illegal, arbitrary and malafide and also violation of princif)l(:s of natural justice and also violation of Article 21 of Constitution of lndia, and r;r ntrary to the orders of this Hon'ble court passed in CRLP No-868812021 and c:RLP No.985612021 and also contrary to the Judgment of Honorable Apex (lrrurt held in Arnesh Kumar vs State of Bihar. ' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crcumstances stated in the affidavit fiied in support of the petition, the High Cotrr may be pleased to direct the Respondents No.4 and 5 to preserve and produce, ltre C.C.T.V. footage with Audio covering all entry and exit points, corridors and rocms from 0'1 :00 pm to 06:00 pm on 14.0i1.2025 of panjagutta Police Station, Hyr-erabad, before this Honble Court, pending disposal of the above writ petiti,ln in the interest of justice. lA NO: 2 OF 2025 Petition under Sectton 'l 51 CPC praying that in the c 'cumstances stated in the affidavit filed in support of the petition, the High Cot-tr. may be pleased to direct the Respondents No.4 and 5 not to take any coercrve steps including the arrest or detention of the petitioners in Crime No.519/2rl11 1 dt.11.11 .2021 o'f Police Station Panjagutta, Hyderabad, pending disposal cf the above Writ Petition in the interest of justice and equity. Counsel for the Petitioner: SRI CH.JANARDHAN REDDY Counsel forthe Respondent No.1 to 5: AGP FOR HOME The Court made the following: ORDER q *77 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR \VRIT PETITION No.2 44A6 of 2O25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.l to 5. Notice to resondent Nos.6 and 7 are hereby dispensed with. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been fi1ed seeking the following prayer: - " . . . declaring the action of the Respondent Nos. 4 to 6 in detaining the petitioners on 14.O8.2O25 from O1.OO pm to 6.OO pm at Panjagutta Police Station and using abusiue Language and threatening the petitioners to send. to tlrc Charlapally or Chanchalguda Jail as illegal, arbitrary and malaftde and also uiolation of pinciples of naturaL justice and also uiolation of Article 2 1 of Constitution of India and contrarg to the orders of this Honble Court passed in CRL.P.Nos.B6BB/202 1 and CRL.P.No.9B56/2O21 and also contrary to the Judgment of Honorable Apex Court held in Amesh Kumar us. State of Bihar..."

3. Brief facts stated in this writ petition are that petitioner Nos. 1 and 2 are son and the father and that petitioner No.2 (i.e., the father of petitioner No.l) claims to be absolute owner of the property bearing No.8-3-720 / 15l 1 / A, admeasuring 96 sq.yds., situated at Subash Nagar, Ameerpet, Hyderabad by virtue of 2 \%H '-t"'jT'o Notarized Agreement of Sale dated 15. ll.2OO7 r xecuted by its owner on receipt of a sale r:o nsideration of original Rs.15,00,O00/ on 15.71.2007, 'as such petitiont:r No.2 was in peaceful possession. Thereafter, petitioner No. .l executed gift deed on 31.07 .2019 in favour of petitioner I'lo. 1, as such petitioner No. I is in peaceful possession of the sard property While so, respondent No.7 filed a false complair: t on 09.11.2021 before Punjagutta Police Station against the peti ,ioners and on such complaint the PunJagutta Police re gr stered Crime No.5l9/2021 u.nder Section 42O,468,47 l,SOtt:ead with 34 of IPC on ll.l1.2O2I against the petitioners rvith,rrLt verifying the relevant documents pertaining to the said prope rty. Basing on the said compliant, petitioners were illegalll, dgtained in the Punjagutta police station for 5 hours by using altr-:sive language. Questioning the same the present writ petition is filed

4. Learned Assistant Government PIt-.arcler for Home appearing for respondents placed on record instr:ctions issued by Sub-Inspector of Police, Punjagutta P.S, wherr:in it is stated that one Mr.Ram Mohan Reddy and Mr.Venkert.r Ramana are working in SSL Infra Company and had give:r complaint on

13.O8.2025 against petitioner No.2 who demancle,l them to pay money by abusing their employees and also thr::atened to kill =:-E7 ' l'.' : /'' ,.y 3 their employees. Basing on the said complaint, the Station House Ofhcer, Punjagutta made GD entry on 13.08.2025 and for the purpose of conducting preliminary enquiry, petitioner No.2 was ca,lled to the Police station and after conducting enquiry, petitioner No.2 left the Police Station. The respondent Police has never illegally detained the petitioners and that after conduct of enquiry, a case in Cr.No.595 12025 under Section l27l2l, 329 (3),351 (2) BNS dated 19.08.2025 was registered on the file of Punjagutta Police Station. It is further submitted that the present writ petition is filed only to prevent the Investigating Officer from proceeding with the investigation.

5. Recording the submissions made by learned counsel appearing on either side and since FIR has already been registered, this writ petition 1S disposed of directing the respondent authorities to follow due process as contemplated under Iaw before initiating any action on petitioner

6. With the above direction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed No order as to costs. //TRUE COPY// SD/- AHMED ABDULLAH KHAN ASSISTANT REGISTRAR G- SECTION OFFICER 1 I ] To,

1. The Principal Secretary, Department of Home, Secretariat Buildings' Hyderabad, State of Telangana. l

2. The Commissioner of Police' Command and Control Centre, Telangana Police, Road No,12, Banjarahills Hyderabad. -- +--n -. - -- t

3. The Deputy Commissioner of Police, West Zone, AC (-luards, l\4asab Tank, Hyderabad-28

4. The Station House Officer, Panjagutta Police Station F yderabad City police, Hyderabad-500082. 5 The Sub lnspector of police, PanJagutta Police Station, Ftyderabad City police, Htglerabad-500082.

6. One CC to SRI CH.JANARDHAN REDDY, Advocate IOPUC] 7. Two CCs to GP Hyderabad [OUT] FOR HOiME, High Court for the 3late of Telangana at

8. Two CD Copies W BSR HIGH COURT DATED:2210812025 I I ORDER WP.No.24486 of 2025 i. ,r(fi Lt_ i :.) .4 :\ { i v,- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ 1 o\