Jannu Sunitha v. '1 . The State of Telangana
Case Details
Acts & Sections
5. The Station House Officer, Enumamula Police Station, Warangal District. 6. The Manager, Mahindra Finance, D.No.15-2-39, 1st Floor, Srinidhi Hussains Plaza, Warangal District. ....RESPONDENTS Petition Under Article 226 of lhe Constitution of India 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 Respondent No.5 in interfering into the peaceful life and liberty and interfering into the civil disputes between the Petitioner and Respondent No.6 to the Police Station and threatening to handover the Tipper (Goods Carriage) through vide Tipper Vehicle bearing No.TS 24 TA 0983 and threatening to pay the E.tV.ls to the Respondent ) No.6 and creating panic situations by colluding with the Respondent No.6 is illegal, arbitrary, u ncon stitutional and violation of Articles 14, 15,21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice consequently direct the Respondent No.5 not to interfere into the pr:aceful life and liberty and not to int€ rfere into the civil disputes between the Petitioner and Respondent No.6 and not to threaten the Petitioner to handover hir; tipper vehicle through vide bearing \o.TS 24 TA 0983 to the Respondent No.6 and not to threaten to pay the E-N.ls to the Respondent No.6. l.A.NO:1 OF 202s Petition Under Seclion 151 CPC praying that in the circumstances stated in the affidavit filed in strpoort of the petition, the High Court may be pleased to direct the Respondent No.5 not to interfere into the peaceful life and liberty and not to interfere into the civil disputes between the Petitioner and Respondent No.6 and not to threaten ttre Petitioner to handover his tipper vehick; through vide bearing No.TS 24 TA 0983 to the Respondent No.6 and not to thre aten to pay the E.M.ls to the Respondr:nt No.6 pending disposal of the writ petition Counsel for the Petiticn,-,r: SRI RAPOLU BHASKAR Counsel for the Respcndent Nos.1 to 5 : AGP FOR HOME Counsel for the Respcndent No.6 : -- The Court made the following ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR ) WRIT PETII'ION No.27710 of 2025 ORDER: This writ petition is filed sce.king following prayer:- " to issue an appropriate torit, order or Llirectiotl tnore larticltlarly one irr the nature of Writ of Mandanuts declaring tlrc iction of the Respondent No.5 in interfering into tlrc peace.ftd life ttnd liberty and interfeing into the cittil disputes betweetr the Petitioner and Respondent No.6 to the Police Station and tltreatening to lnndoaer the Tipper Coods Cariage tlrrouglt ttide Ti1tper Vehiclc bearing No TS 24 TA 0983 and threatening to pay tfu EMIs ttt the Rasptttdcnt No.6 tmd creating panic situations by colltuling zL,ith the Respondent No.6 is illegal arbitrary unconstitutionrtL ond t,iolotiort of Arlicles 14, 15, 21 and 300A of Constitution of India ntd also oiolation of Principlas of Natural lustice consequently tlircct tlu Respondent No.5 not to interfere into the peaceful life antl liberty mtd rtot tLt interfere into tltc ciuil disputes betu:een tlrc Pttitioru:r atul Rtsptmdetrt No.6 atrd not to tlreaten the Petitioner to lnndot er lis tipprtr oeliclc tfuough ttide beaing No TS 24 TA 0983 to the lle spondcnt No.6 snd not to thrmten to pay thc EMls to tlc Respondent No.6."
2. Brief facts of the case are the petitioner has been doing contracts in Singareni Collieries, and accordingly purchased the Tipper (Goods Carriage) by obtaining finance with respondent No.6 @ Rs.43.00 Lakhs through zride Tipper Vehicle bearing No.TS 24 TA 0983 in the year, 2023. Thereafter, the petitioner paid 13 installments i.e., 13 months x 96,000 = Rs.12,00,000/- to respondent No.6. The said vehicle was obtained with the financial support of Central Government under the Prime Minister Employment Generation Programme (PMEGP) scheme, accordingly the Central Covernment granted the subsidy amount of Rs. 22,50,000/- to the petitioner and the same was credited to her account, as such, she has been running the vehicle. It is further submitted that as the petitioner has fallen in financial crisis, she did not pay the E.M.Is to respondent No.6, therefore, respondent No.6 approachcd l respond.rnt No.5, clue to which respondent No.5 interfercc{ i;-rto the civil } disputes betwcen thc petitioner and respondent No.6, and call<,d her to the [)olice Station on 08.08.2025, 10.08.2025. 75.08.2025, 30.08.2025 and on
04.09.2025, and threatened also her to handover the said vehicle to respondent No.6. Aggricved bv the same, the present petition is filed,
3. Sri M. Srimvas, learned Assistant Government Ple,adcr for Home appe.rring for respondents placed instructions of Sub-Inspector of Police, Enumamula Polict, Station, Warangal District, wherein it i:; stated that resprondent No.6 sr:rrt a complaint dated 14.08.2025 through post u'hich was receivcd bl' respondt'nt No.5 on 20.08.2025 against the petihone- in respect of various acts of fr,rud, cheating and breach of hust. It is srrbmitted that pursu.rnt to the said complaint, respondent No.5 made G.D.Entrty and called the petitioner thr:ugh phone, but she did not cooperate ,arith enquirv. I{owever, respond:nt No.5 conducted enquiry and revealed that the petitioner approached the re;pondent No.6/complainant for finance on A.shok Leyland UE2820 T 6X4TIPI'ER-3900MM Vehicle bearing Regd.No.TS 08 UG 1878 and accordingly, agreement was executed between the petitioner and respondent No.6 regarding the said vehicle for Rs.55,66,666 / -, but the petitioner did not pav the instalment .rmount to respondent No.6. After finalizing the enquiry, the s.rid complaint rvas closed as "civil in nature" on 25.08.2025 and suggested the respondent l.lo.6/complainant to approach the concerrred Court for redrcssal and the same also communicated to respondent No.6 through SMS. It is subn'rittcd tlrat the contention of the petitioner that res;pondent No.5 interfered into thr: Iife, tiberty and civil disputes between the petitioner and ---.7 \ To --.-* respondent No.5 and threatened to handover the Tipper (ioods Carriage through vide l'ipper Vchicle bearing No. TS 24 TA 0983 and to pay the EMIs to respondent No. 6 is incorrect, baseless, far from truth and has been crcated for the purpose of filing the above Writ Petition. It is submitted that the petitioner contended that the respondent No.5 called the petitioner to the police station on 08.08.2025, 70.08.2025, "15.08.2025, 30.08.2025 and on 04.09.2025. In this regard, it is submitted that the petitioner called through phone, hence the respondent No.5 or staff replied on the said dates. Therefore, except conducting enquiry on the complaint of respondent No.6, respondent No.5 did not harass, threaten or interfered with the life, liberty and civil dispute between the petitioner and respondent No.6 at any point of time.
4. I{eard Mr. Rapolu Bhaskar, learned counsel for the petitioncr and learned Assistant Government Pleader for I Iomc appearing for responclent Nos.1 to 5. With their consent, this writ petition is being taken up for disposal
5. Recording the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Home, since respondent No.5 has closc.tl the complaint as civil in nature, this writ petition is disposed of granting liberty to respondent No.6 to pursue his remedies as available under law
6. Miscellaneous applications, if any pending, shall stand closed. No order as to costs- //TRUE COPY// SD/. B. REKHA RANI SISTANT REGISTRAR SECTION OFFICER I tariat Building, Secretariat,
1. The PrinciP al Secretary, Home DePartment, Se 2 3 State of Telangana at Hyderabad The Director General of Police, Te lang ana State, HYderabad The Commissioner of Police, Waranga l, Warangal Comm issionerate, Warangal District. + ih" A.tiitant Commissioner of Police, Nlamanuru Circle, Warangal Commissionerate, Warangal District. "1 ----- 7 \ SA
5. The Station House Officer, Enumamula Police Station, War'anrlal District. 6. The Manager [Vahindra Finance, D.No.15-2-39, 1st Floor; Srirlidhi Hussains Plaza, Waranga District.
7. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT]
8. One CC to SRI TTAPOLU BHASKAR, Advocate IOPUC] 9. Two CD Copies ) I / H!GH COLIR'I- DATED:22109t2025 Y t: ytE :i i41 1 23 0ti iffi z a .b -Das.': r C\ \i1-l) ORDER WP.No"2771A of 2025 I I I I I DISPOSING OF THE W.P WITHOUT COSTS. @\.*r- 1_,.