The High Court · 2025

Petition Under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue appropriate writ or any other order or direction particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in interfering with the personal liberty of the petitioners by calling them to police -r7 station regularly and visiting the houses of the petitioners without any reason as illegal and violation of Article 1g and 21 of the Constitution of lndia. l.A.NO:1 OF 202s Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed ir support of the petition, the High court may be pleased to direct the respondent No.4 not to interfere in the personal Iiberty of the petitioners, pending disposal of the writ petition. |.A.NO:2 OF 2025 Petition unde" 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 respondent No. 2 and 3 to preserve the ccrV footage of the 4th respondent police ;tation between l0-00 a.m to 12.00 noon of 28.og.2o2s, pending disposal of lhe writ petition. Counsel for the Petitioners : SRI MOHD ISLAMUDDIN ANSARI Counsel forthe Respondent Nos.1 to 5: AGp FOR HOME Counsel for the Respondent No.6 : M/s M.BHAGyASRI The Court made the following ORDER I I I I I I I I w a HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.26OO5 OF 2025 ORDER: This writ petition is filed seeking the following prayer: "...declaring the action of the respondent No.4 in interfeitq uith the personal libertg of the petitioners bg calling them to police station regularlg and uisiting the Lnuses of the petihoners uithout ang reason as illegal and uiolation of Article 19 and 21 of the Constitution of India..."

2. Heard learned counsel for the petitioner ald learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.l to 5 and learned standing counsel respondent No.6. With their consent, this v:rit petition is taken up for disposal.

3. The facts of the case in brief as stated are that petitioner No.1 is residing in Shakarpally arrd apart from the business, petitioner No.l is doing social work in the said area for more than 20 years and worker of All India l\{ajlis-e-Ittehad Ul Nlluslimeen (lvlllll. It is submitted that petitioner No.l was falsely implicated in FIR No.150 of 2023 by father of petitioner's i.2., brother-in. law on 04. l12023. The petitioners along with others have filed rlr1.p.No.1 14Z6 of 2023 before this Court for quashing the said FIR. This Court by order dated 20.11.2023 rras disposed of the same with a direction to police not to take any coercive str:ps against the petitioners. As stated in the affidavit, the issue oertains to allotment of double bedroom houses to poor people. ThereaJter, on lZ.OS.2O2S, a small accident occurred rLear Edga, Sanga Reddy Road, Shankarpally, on coming to L:now about the same, petitioner-s visited the victim in the Hospital. Thereafter, on 1g.05.2025, respondent No.4 called the petition er and served notice under Section 3 5(3) of BNSS ald then pe,titioner came to know that FIR No.196 of 2025 dated 17.O5.2025 under Sections 126(2), 115(2), 352, 35i(2) BNS was registered w herein petitioner No.1 r,r,as arrayed as Accused No.2. Thereafter, ltetitioner was issued with notice under Section 35(3) of BNSS basied on the compiaint lodged by respondent No.6 ald respondent No.4 registered a crime in FIR No.2o6 of 2025 dated 24.05.2025 under Sections 308(3), 329(5,,351(2) BNS against petitioner Irl,o. 1. Thereafter, respondent No.4 has regularly started visit-ing the house of petitioners and insisting the r. ::3:: petitioners to attend to Police Station everyday' Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Shankarpally Police Station has placed a copy of instructios through learned Assistant Government Pleader for Home stating that petitioner No ' 1 is involved in the following cases: (i) Cr.No.36B l2ol8, under Sections 341, 323' 5O4, 427 read with Section 34 IPC of Shankarpally Police Station, the case was charged on 17.12.2018 and it is m uide C.C.No.38/2019. (ii) Cr. No. 196 I 2025, under Sectio ns 126(21, 1 1 8( i), 1 1 5(2)' 351(2), 352 read with Section 3(5) BNS of Shankarpaliy Police Station, the case was charged on 29.05.2025 and it is pending trral uide C.C.No.467 I 2025. (iii) Cr.No.206/2025, under Sections 3OB(3), 329(3)' 351(2) BNS of Shankarpally Police Station. The case is pending trial uide C.C.No.79812025. It is submitted that apart from the above crimes, there is every possibility that petitioners may commit wrongful act' As such, the Inspector of Police, Shalkarpally Police Station has , i I I I l submitted report ::4:: 17 .o7.2025 to the Special Executive Magistrate Deputy Commissioner of police, Rajendranagar zone, cyberabad to bind over the petitioner for keeping go,rd behavior. The Special Executive Magistrate, after perusing the report, passed orders on I I .OB.2O2S in M.C.No.6 I /2025 directing the petitioners to show cause as to *hy he should not be ordered to execute bond for the likesum of Rs. 1,00,OOCi/- in order to keep him good behavior for a period of one year. The first petitioner- was required to attend in person to the said Ollice on 18.08.2025 at 1t.OO AIyI for enquiry. The Special Executive Magistrate directed the Inspector of police, Shankarpally police Station to serve the said show cause notice to petitioner No.1 ald obtain acknowledgment. Respondent No.4 ca1led petitioner No.l to police station for serving the said notice, inste.ad of attending police station, petitioners have filed the present writ petition. It is also submitted that respondent No.4 Police rLever interfered with the personal tife arrd liberty of the petitioners and have never regularly visited their house. It is also subrnitted that both the petitioners are accused in Cr.No.15O/2023 under Sections 447, 463, 464, 462, 468, 42O, 503 and 506 read with Section 34 IpC and Section 25 of Arms To ::5:: Act ald Section 156(3) Cr.P.C. on the file of Bhavani Nagar Police Station in which the concerned Police arrested the petitioners and sent to judicial remand. Thereafter, a conditional bail was gralted to the petitioners and the petitioners are also not complying with the said conditions. Along with the said instructions, a copy of order of Special Executive Magistrate cum Deputy Commissioner of Police, Rajendranagat Zon-e, Cyberabad was enclosed.

5. Having regard to the submissions made by learned counsel on either side, this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under law for further course of action.

6. With the above observations, this writ petition IS disposed of Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. //TRUE COPY// SD/-A. SRINIVASA REDDY S TANT REGISTRAR I I ECTION OFFICER 1 . The Principal Secretary, Home Department, Secreta 2. The bommissioner of Police, Cyberabad Commissionerate, Gachbowli, at Hyderabad. , State of Telangana Hyderabad.

3. The Deputy Commissioner of Police, Rajendernagar Zoner, Rajendernagar, Hyderabad,

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4. The Station House Officer, Shankarpally police Station, Shankarpally, _ Rang-areddy District, Telangana. 5 The station touse officer, -Bhavani Nagar porice Station, Hyderabad. u "siinrrrplirv,, Shankarpaily tvr"tdipriitv, 5[:r:.i.rn,s,sioner, 7. Two CCs to Gp FOR HOIVE, High Court for the State of Telangana at B One cc to sRt MbHD tsLAMUDDtN ANSAR|, Advocate topucl 9. 9n" CC to tVt/s M.BHAGYASRi, Ad;;";b ioifuc)' '10. Two CD Copies Hyderabad. iOUTt n-rngiieoav ! l T I 7/;:.1 "'' ' t) t, ):., 2 2 StP ?0fr -S p,t-r r- \11:,O HIGH COURT I \ DATED:0210912025 ORDER WP.No.26005 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. oQ6 tl u