✦ High Court of India · 08 Sep 2025

The High Court · 2025

Case Details High Court of India · 08 Sep 2025
Court
High Court of India
Decided
08 Sep 2025
Bench
Not available
Length
1,153 words

Judgment

5. The State of Telangana, Rep by its Principal Secretary, Home Depa(ment, Secretariat, Hyderabad. The Commissioner of Police, Cyberabad Commissanarate, Gachibowli, Hyderabad, Telangana, 500032. Ihg DV. Commissioner of Police, Cybera Crime, Gachibowli, Hyderabad, Telangana, 500032. The SHO, Cybera Crime Police station, at Gachibowli, Hyderabad, Telangana, 500032. Virendra Kumar Verma, S/o. Kailash Pati Verma aged. 65 years, R/o. F.No.1125, Prestige, lvy League, Kondapur, nanga neOOy Oishict.T.S. ...RESPONDENTS

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 a writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the 4th respondent and their staff in harassing the petitioners by repeatedly calling them to the 4th respondent police station without following due process of law, as illegal, arbikary, unconstitutional, and violative of the principles of natural justice, consequently, to direct the 4th respondent and their staff not to summon or call the petitioners to the 4th respondent police station in connection with Crime No.'1818/2025 of Cyber police Station, Cyberabad Commissionerate, except in strict accordance with the procedure established by law, and to further restrain them from compelling any settlement with the 5th respondent. 1A NO.1 0F 202s Petition under Section 151 CPC praying that in the r; cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the 4th respondent and their staff not to summon or,; rll the petitioners to the 4th respondent police station in connection with Crirr: No.1818i2025 of Cyber Police Station, Cyberabad Commissionerate, excepl r strict accordance with the procedure established by law, and to further estrain them from compelling any settlement with the Sth respondent, forthwith Counsel for the Petitioner: Dr. CHALLA SRINIVASA REDDY Counsel for the Respondent Nos.1 to 4: AGP FOR HOME Counsel for the Respondent No.5: - The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26318 of 2025 ORDER Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed aggrieved by the action of the 4m respondent and their staff in harassing the petitioners by repeatedly calling them to the 4h respondent police station without following due process of law in connection with Crime No.1818 of 2025 of Cyber Police Station, Cyberabad commissionerate and cornpelling to settle the matter with the 5h respondent. Questioning the same, the present writ petition is filed'

3. Learned Assistant Governmeut Pleader for Home appearing for respondents placed on record instructions issued by Inspector of Police, Cyber Crime Police Station, Cyberabad, wherein it is submitted the petitioners are A-1 and A-2 in Crime No.1818 of 2025 registered under Sections 318 (4) read with 3 (5) of BNS and Section 66-C of IT Act,2000-2008 of Cyber Crime Police station, cyberabad. It is submitted that it is a case of "Unauthorized Transaction Fraud" committed by the accused' The victim is the President of the Prestige Ity League Apartment Owner's Association/complainant had noticed and reported fraudulent withdrawals 2 from the society's SBI account. Despite having onl., vlewlng access/ unauthorized online h.ansactions began from June, 202.4 rtaling INR 3.08 Crores in debits and Credits of INR 55.5 lakhs were also del, cted, resulting in net loss of approximately INI{ 2.52 Crores. The complainar t is lesiding in the said apartment, which falls within the lirnits of Cyberabad. I )uring the course of investigation in the above crirne, the Inspector of poljc : examined four witnesses, recorded their statements ancl collected clocument ry evidence. On

7.8.2025 both the petitioners/ accused were arrestecl aird on i Lterrogation they confessed to have committed the offence stating that they Jr Lve mis-used the co-operative funds of the said prestige [Vy I_eague Socicl ;, to fulfill their luxuries and satisfy thcir addictions during the period from I ne,2024 toJuly, 2025 amounting to approximateiy Rs.2.5 crore ancl have nanipulated the consolidated monthly repol.ts generatccl from the ,,Mycate, app by deleting their own transactions. It is further submittecl that aftel :omplying with arrest formalities, both tl-re petitioners r,vere produceci bel c re the Court of Hon'ble IX Additional Judicial [iirst Class Magistrate at Kukatpally, Cyberabad on 08.08.2025 but, the iearnecl Magistrate har, not inclined to remand the petitioners ,ancl released tllem on personal botr I of Rs.20,000/- along with two sureties tr like sum. It is further submjt ed that for the purpose of investigation the 4rh respondent called the pe:t ioners and the petitioncrs insiead of coming to police station and co_ope -ating w'ith the police, tl'rey filed the present writ petition. It is sulrmittecl tha due to non co- operation o( the petitioners, investigation is pending. .Ihc r :spondent No.4 -- l/ 3 aiong with instructions submitted copv of statement of witness examined by police and confessional statemcnts bf both petitioners/accused, which are taken on record.

4. Learned counsel for tl-re petitioners submits that the petitioners are ready to co-operativc with the investigation.

5. Recording the submissions made by learned couns€l appearing on either side and taking into account i.e., regishation of Crime No.1818 of 2025, this writ petition is c{isposed of directing the petitioners to co-operate with the investigation during the course of investigation, and the respondent authorities are directed to follow due procedure as contemplated under law for further course of action on petitioners.

6. With the above direction, this wr.it petition is disposed of Misceilaneous appiications, if any pending, shall stand closed. No order as to costs Sd/.K.'BHAVANi SWAMY ISTANT REGISTRAR I /ffRUE COPY// ECTION OFFICER to'1. 5 6 7 CHR PMK Telandana' 500032. tn" Principal Secretary, Home Department' State of Telangana' Secretariat' Hvderabad.

2. i#"iffi;itsioner of Police, c-yberabad commissanarate' Gachibowli' , l*S"ffi :atd;Si,,lP"Xt? cvbera cri me, G achi bowr i, Hvd erabad' 4. fi;'d'Hi5:bfi;;Jt,ime Police station, at Gachibowli' Hvderabad' Telanoana. 500032- 6#lb'6'6' 6i"Cih-r-n sRlNlvASA REDDY Adv-ocate [oPUCl rwo ccs to GP FoR noruel'ittcli'itiiG stitJot relansana' [oUT] . Two CD CoPies \ k "?'331?, HIGH COURT / DATED:0810912025 .. r'i \. ' u... )s 4,1 :t[ ?[?5 ,.. ) ,.. '=a;'' ORDER W.P.No.26318 ot 2025 c\- ( J: (-) 'l ...)- \,: . DISPOSING OF THE WRIT PETITION WITHOUT COSTS ($- G .r\r5- \6

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