A.Laxminarayana v. 1. State of Telangana
Case Details
Acts & Sections
5. The Circle lnspector of Police, Task Force, South Zone, Old Commissioner of Police Office, Purana Haveli, Beside City Civil Court, Charminar, Hyderabad. 6. .The Sub-lnspector of Police, Task Force, South Zone, Old Commissioner of Police Office, Purana Haveli, Beside City Civil Court, Charminar, Hyderabad. 7. Mr. Usha Laxminarayana, W/o R.Laxminarayana, aged about 64 yrs, Occ. Retired Teacher, Fl/o P[ot No.308-8, Road No.78, Jubilee Hills, Hyderabad- JJ. ...RESPONDENTS Petition under Article 226 of lh|e Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declarin g the actigfr of the Respondents mofe particularly the Respondents 4 to 6 herein by in calling the petitioner to the Police Station making to sit for hours together without there being any registration of crime against me and administering threats to pay the amount covered under OSNO. 566 of 2018, and order passed therein, pending on the file of the Chief Judge, City Civil Court, at Hyderabad, instituted by the 7th Respondent herein, seeking to recover of amount, when |PNO.30 of 2022, filed by the petitioner is pending on i I the file of the Honourable Principal senior civil Judge, at L. L.Nagar, R.R.District, and without adopting due process of law zt illegal, arbitrary, unreasonab{e,unjust, without any sanction of law, unwarti nted and amounts to infringement of Fundamental Rights guaranteed under tht constitution of lndia besides being contrary to the Provisions of the BNSS anrl also circular in vogue and consequently direct the Respondent Police to desist from making interference in civil dispute resulting in infringement of Fur r amental:Rights lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High Cot rt may be pleased to direct the Respondents 4 to 6 not to interfere with the civil Jispute exist between the petitioner and the 7th Respondent, covered under f SNO. 566 of 2018, pending on the file of the Chief Judge, City Civil Cour, at Hyderabad, when IPNO. 30 ot 2022, pending on the file of the Hon'ble Princi 'al Senior Civil Judge, at L.R.Nagar, R.R.District, by calling the petitioner to t re police station and making to sit for hours together and demanding the pel ioner to pay and the settle the issue with regard to payment of amount, pendir g disposal of the Writ Petition CounSel for the Petitioner: SRl. G ANANDAM Counsel for the Respondent Nos. 1to6: GP FOR HOME Counsel for the Respondent No.7: The Court made the following: ORDER ( THE HON'BLE SRI JUSTICE N.\/.SHRA\IAN KUMAR Writ Petition No. 27507 of 2025 ORDER: The present writ petition is fiied seeking the following prayer: "...declaring the action of the Respondents more partiatlarlg the Respondent Nos.4 to 6 herein bg tn calling the petitioner to the Police Station malcing to sit for hours together tuithout there being ang registration of crtme against me and administering threats to pag the amount couered under O.5.No.566 of 2O1B and, order passed therein pending on the file of the Chief Judge, Citg Ciuil Court at Hyderabad instituted bg the respondent No.7 herein seeking to recouer of amount uLhen IP.No.3O of 2022 Jiled bg the petitioner is . pending on the file of the Hon'ble Principat Senior Ciuil Judge at LB.Nagar, R.R.Dlslncl and tuithout adopting due process of latu as illegal, arbitrarg, unreasonable unjust utithout anA sanction of law unuLarranted and amounts to infingement of Fundamenlal Rights guaranteed under the Constitution of India besides being contrary to the Prouisions of the BNSS and also circular in uogue and consequentlg direct the Respondent Police to desist from making interference in ciuil dispute resulting in infringement of Fundamental Rights... ':: t i I i j I I I I I I I I i 2 '/
2. Fiearci learneC counsel ftlr the petiti c: .er and learned Assistant Ciovcr-nilent Pleadcr for Home appet :ing on behalf of resp:rrdent ltros.1 to 6. ll/ith their consent, tt. ; q,rit petition is tal<en for disposal. Notice tc respoudent No.7 is hereby dispensed v,,ith.
3. Thc facls of the case in brief as statcd arr thert respondent No.7 tiled a suit in O.S.I'Io.566 /2OlB sccl ing recovery of amount of Rs.35,00,0O0/- and has also filed t,A.No.57412024 seeking to pass judgment and decree in vicr,r, of thc admission to the extent of admitted amount of Rs.3O,00,OO( /- as mentionerl in I.P:No.3O/2022 which r.r'as allowed on t1.02.2025. lt is submitted that on 26.06.2025, respondent Nr s.5 and 6 along with constables in civil dress at the behest ol respondent No.7 carne to the house of petitioner and picked .he petitioner to Task Force Police Station, Charminar, Flyderat ad and forced to stay for 2-3 hours and thereafter, petitioncr r .as taken to the house of respondent No.7 and after sev: -a1 cliscussions, petitioner n as taken to Task Force police : tation and they obtained a Note indicating to pay amount of Rr; 32.5 Lakhs from the petitioner forcefully ancl threatening the g etitioner that in the\event ol nort-executing the notc, false caser; rvould be foisterl \ ) against the petitioner. The petitioner was constrained to pay an amount of Rs.12.5 Lakhs which petitioner borrowed from near and dear. Thereafter, respondent police are forcing the petitioner to settle the civil dispute by paying the entire amount in terms of the orders passed against the petitioner. euestioning the same, the present writ petition is Iiled.
4. The Additional Deputy Commissioner of police, Task Force, Purala Haveli, Hyderabad placed a copy of instructions through learned Assistant Government Pleader for Home and denied the allegations made by the petitioner. It is further submitted that respondent Nos.4 to 6 never pressurized the petitioner to settle the dispute with the unofficial respondent No.7 and that petitioner has never come to Task Force police Station and made false allegations against the respondent officials wittrout any iota of truth and accordingly prayed to dismiss the writ petition.
5. In that view of the matter, recording the submissions of respondent No.4 i.e., Additional Deputy Commissioner of police, Task Force, this Writ Petition is disposed of with the direction to 4 respondent authorities to follow due procedure ts contemplated under law before initiating any action on the pe 1 :tioner
6. Accordilgly, this writ pr:tition is disposcd , f. Miscellaneous petitions, pending, if z r ,v, shail stancl t, closed. Horvevcr, there shall be no order as to cr sts //TRUE COPY// 1 SI:'.P.PONNA KRISHNA AS: ISTANT REGISTRAR i ... TSECTION OFFICER To, No.12, Hyderabad. Telanoana State. Hvderabad. '1 . The Principal Secretary to Government, Home Depar:r lent Secretariat' , il;'DY;;U eL-,i6iii"tFoiiie, Telangana State, Lak-c kapool' Hvderabad' 5. iii; c;;*ssioner of poliie, Hvderab;d citv, lccc tl rnjara Hills' Road +. in"'Ailiiii"nar oeputv commissioner of police, Task I orce, Sou-th Zone, old ' co*.iJiioner or potite office, purana Haveli, Beside )ity civil court, s ih" cirCG ins'oector of Police, Task Force, South Zone , old Commissioner of " P;il'oiidi,, Fiiii,iHl""ti, beside citv civil court, r-- rarminar' Hvderabad 6. The Sub-lnspector of Police, Task Force, South Zone fld Commlssloner or - i,if i."-Om""l Frian, UarLii, Beside Citv Clv'L9.o^gtt, rl rarminar' Hyderabad' 7. One CC to SRl. G. ANANDAM, Advocate [OPUC-] 8. i; ccrio-op FoR HbME,Fiigh court firrthe State :f relangana [oUT] 9. Two CD CoPies Charminar, HYderabad. B IVI TKS IT HIGH COURT DATED:1210912025 ORDER WP.No.27507 of 2025 . :\. Sr.q o O g JAN 2026 :', , I r.) )-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS p,n\l'n d I ;ffi