High Court · 2025
Case Details
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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to exercise the power to detain the petitioner under the Preventive Detention Act r-fry-rs, without following the procedure repeatedly as illegal nu I void arbitrary and consequentially direct Respondents not to initiate the Preventive Detention Act by showing the cases pending against him. 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 respondents not to call the petitioner frequently without following the procedure laid down by law, pending disposal of the writ petition lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the ,:ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to arrest the petitioner by invoking the Preventive Detention Act without following the procedure laid down by law, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondent Nos.1 to 8: SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 24706 of2o25 ORDER: Aggrieved by the action of respondents in trying to exercise the power to detain the petitioner under the Preventive Detention Act repeatedly without following the procedure, the present Writ Petition is hled. A consequential prayer is made to direct ,respondents not to initiate Preventive Detention Act by showing the cases pending against him
2. Sri M.Srinivas, learned Assistant Government Pleader for Home takes notice for respondent Nos.l to 8. As no rr:lief is sought against respondent No.9, notice to respondent No.9 is dispensed.
3. Learned Assistant Government Pleader for Home placed a copy of instructions issued by the Sub-lnspector of Police, Medchal PS, Cyberabad, stating that as per the availabie records, the petitioner was involved in criminal cases on the file of Medchal Police Station - re spondent No.7. Cn :r complaint received from one Lakshmikantha Panda, a case has been registered as Crime No.830 of 2022 on 21 .1O.2O22 for the offences under Sections 42O.386 and 506 of IPC against the petitioner and the irrvestigation has been taken up. After 2 .I 1_i completion of investigation, charge sheet has been filed ujde C.C.No.2604 of 2023 on the file of the learned IX Additional Judicial Magistrate at Medchal-Malkajgiri, Cvbr:rabad. It is further submitted that on receiving 2"d complaint from one Pushpamma Musarigalla, a case has been registered as Crime No.934 of 2022 on 10.12.2022 for the offences r.rnder Sections 42O, 386, 509, 506, read r.r'ith Section 34 of IpC against the petitioner and investigation has been takerr up and after completion of investigation, charge sheet has been filed ulde C.C.No.2424 of 2023 on the file of the learncd IX Additional Judicial Magistrate at Medchal-Malkajgiri. Cyberabad. Thereafter, the petitioner filed Crl.p.No.1l19 ol 2024 and this Court quashed the proceedings against the pet itioner. It is further submitted that the respondents did not trrretrten, detain nor interfered with the petitioner,s personal life and the petitioner filed this present Writ petition only to escape from criminal liabilities. 4 . Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
5. Learned counsel for the petitioner submits that since the charge sheet has already been filed and the matter is now pending before the learned IX Additional Judici;,rl Magistrate at 3 Medcha-l-Malkajgiri, Cyberabad, there is no reason to call the petitioner for further investigation
6. Learned Assistant Government Pleader for Home submits that the respondents would follow due process of law before initiating any action. 7 . In that view of the matter, the petitioner and the respondents shall pursue before the trial court pertaining to the pending case in C.C.No.26O4 of 2023 and the respondents are directed to follow due process of law before initiating any action against the petitioner.
8. With the above observations, with consent, this Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed S . SREENIVASA REDDY SISTANT REGISTRAR //TRUE COPY// To,
1. The Principal Secretary, Home Department, Se Telangana. SECTION OFFICER riat, Hyderabad, State of
2. The Commissioner of Police, Cyberabad, Hyderabad' 3. The Commissioner of Police, Rachakonda, Hyderabad' 4.TheDeputyCommissionerofPolice,PetBasheerabadZone,Cyberabad' Hyderabad.
5.TheDeputycommissionerofPolice,soTMalkajgiriZoneRachakonda' Hyderabad.
6.TheAdditionalDeputyCommissionerofPolice,sOTMalkajgiriZone' Rachakonda, HYderabad. rryr?z
7. The Station House Officer' Medchal Police Station' Cyberabad' Medchal' 8. The Station House Officer' Jawaharnagar Police Station' Rachakonda' Hyderabad
9. One CC to SRI K DURGA PRASAD' Advocate [OPUCI 1o,Two CCs to GP FoR H.ME, High Court for the State of Telangana at I HYderabad [OUT]
11.Two CD CoPies BSR PVL HIGH COURT i t DATED:2810812025 CC TODAY l] I \:\ l.r'\ /\. ---:.-. ,,:1', , '," ,.,,..-,,,,". ORDER WP.No.24706 of 2025 ,|,j 'r , i':.! ?tll .\, DISPOSING OF THE WRIT PETITION, WITHOUT COSTS fA \$ V}