High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 28195 OF 2025 Between:

1. AHESAN AHMED, S/o Niyaz Ahmed, Aged about 49 years, Occ. Business, R/o H.No.2-4-666120, Sunder Nagar, Kachiguda, Hyderabad-500 O27.

2. MOHD.ARBAZ, Slo Ahesan Ahmed, Aged about 21 years, Occ. Business, R:/o H.No.2-4-666120, Sunder Nagar, Kachiguda, Hyderabad-500 O27. ..PETITIONERS AND 1 2 3 4 5 6 7 o THE STATE OF TELANGANA, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. THE COMMISSIONER OF POLICE, Hyderabad Commissionerate. THE DEPUTY COMMISSIONER OF POLICE, Amberpet Zone, Hyderabad. THE ASSISTANI COMMISSIONER OF POLICE, Kachiguda Zone, Hyderabad. THE STATION HOUSE OFFICER, Amberpet Police Station, Hyderabad. C.BALAIAH @ C.BALAPPA, S/o G.Chandraiah, Aged about 67 years, Occ. Business, Ryo H.No.2-4-665, Sunder Nagar, Kachiguda, Hyderabad-500 027. BHEMAMMA, W/o Late Timmappa, Aged about 76 years, Occ. Household, Rl/o H.No.2-4-665, Sunder Nagar, Kachiguda, Hyderabad-500 027 LAXMAN, S/o not known, Aged about 56 years, Occ. Business, Rt/o H.No.2-4- 665, Sunder Nagar, Kachiguda, Hyderabad-50O O27 DASSU, S/o Late Sunkaiah, Aged. Major, Occ. Business, R/o H.No.2-4-665, Sunder Nagar, Kachiguda, Hyderabad-soo 027.

10. NARVA DASS, S/o N.Mogulaiah, Aged. I\/ajor, Occ. not known, R:/o H.No.2-4- 628/1 3, Kachiguda, Hyderabad.

11.MURALI, S/o Venkati, Aged. Major, Occ. not known, Rt/o H.No.2-4-665l41 , Kachiguda, Hyderabad.

12. SAl, S/o Krishna, Aged. Major, Occ. not known, Rl/o H.No.2-4-665132, Kachiguda, Hyderabad.

13. NAVEEN, S/o Narsimha, Aged. Major, Occ. not known, Fl/o H. No.2-4-665l43, Kachiguda, Hyderabad.

14. MAHESH, S/o Mariyamma, Aged. Major, Occ. not <nown, Fl/o H.No.2-4- 665/44, Kachiguda, Hyderabad.

15.KOTHOLL, DASU, S/o Kotholu Sunkaiah, Aged. ft/ajor', Occ. not known, Rl/o H.No.2-4-665i42lA, Kachiguda, Hyderabad. ...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 pass an order, direction or writ more particularl/ one in the nature of writ of mandarnus declaring the action of Respondents more particularly Respondent No.5 netther arresting the Respondent Nos.6 to 15 pursuant to FIR No.27712025 un,Cer Sections, 329, 308, 330, 331 (7) of BNS Act nor proceeding further after lapse of 10 days as it being illegal, arbitrary, unjust and also in violation of Principles of Natural Justice and consequently rlirect the Respondent No.5 to arrest the Respondent Nos.6 to 15 forthwith pursuant to FIR No.27712025 by proceeding with further investigation. 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 offir;ial Respondents to ARREST the unofficial Respondent Nos.6 to 'l 5 pursuant to FIR No. 27712025 under Sections, 329, 308, 330, 331 (7) of BNS Act registered on 13.08.2025 while proceeding further investigation. lA NO: 2 OF 202s 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 pressurize the Petitionr:rs to surrender and settle the property Premises bearing H. No.2-4-665142, admeasuring 50 sq.yds or 41 .80 sq.mts situated at Sundernagar, Kachiguda, Hyderab;rd. ,wa.- lA NO: 3 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 dispossess the Petitioners while interfering with the peaceful possession and enjoyment of the Petitioners over the Premises bearing H. No.2-4-665142, admeasuring 50 sq.yds or 41.80 sq.mts situated at Sundernagar, Kachiguda, Hyderabad by providing Police Protection to the Petitioners and the above said property. Counsel for the Petitioner: SRI MOHAMMED ZUBAIR AKRAM Counsel for the Respondent No.1 to 5: AGP FOR HOME The Court made the following: ORDER / THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28195 of 20,25 ORDER: Heard Ie arned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5. With the consent of the parties, this writ petition is being taken up for disposal at the admission stage itself. Noti,:e to respondent Nos.6 to 15 is hereb',r dispensed with.

2. This writ petition has been filed seek ing the following prayer:- ". . .declaing the o.ction of Respor dents more particularlg Respondent I[o.5 neither anesting Respsnflsnl Nos.6 to 75 pursuant to FIR IIo.277/2025 under Sections 329, 3OB, 330, 331(7) o/ BIfS Act nor proceeding further after lapse of 1O dag:: as it being illegol, arbitrary, unjust and also in uiolation of Princ:iples of Natural Justice and conseq,tentlg direct tLe Respondent No.S to arrest the Responttent Nos.6 to 15 forthu-tith pursuant to FIR No.2?'7/ 2O25 by proceeding u.tith further inue stig ation...'

3. The facts of the case in brief as stated ,ere that originally petitioner's mother-in-law was the owner of house bearin g no.2- 4-665/42 admeasuring 5O sq.yds,. at Kachiguda, Hyderabad / 2 (subject property) purchased by way of notarized agreement of absolute sale dated 21.O7 .2007 from its previous owner A.L.Ramulu for valid sale consideration. It is submitted that petitioner's mother-in-Iaw died on 12.05.2015 leaving behind petitioner's wife, her broLhers and sisters. Thereafter, the brothers and sisters of petitioner's wife executed release deed dated 24.11.2O16 in favour of petitioner's wife by releasing their shares, as such petitioner's wife became owner of the subject property. Thereafter, when the petitioners tried to renovate the subject property in the month of January, 20i7, respondent Nos.6 to 9, who are in no way concerned with the subject property, tried to interfere with the peaceful possession of the petitioners. Accordingly, wife of petitioner No.l liled a suit in O.S.9O4I2017 on the frle of XXII Junior Civil Judge, City Civil Court against respondent Nos.6 to 9 for perpetual injunction, the trial Court has allowed the said suit in favour of petitioner's wife restraining respondent Nos.6 to 9 from entering into the subject property. During the pendency of said suit, petitioner's wife died. Respondent No.6 ald his wile filed another suit in O.S.No.682/2018 on the hle of X Junior Civil Judge, City Civil, Hyderabad against petitioner's wife in respect of part of subject property. ,#-l 3

3. 1 . It is further submitted that respondent Nos.6 to 15 were continuously interfering with the peaceful possession and has a-lso filed false complaint in Cr.No.18812C25. Questioning the same, the petitioners filed W.P.No.ls38ll2O25 and this Court disposed of the said writ petition dire<:ting respondent authorities to follow Section 41-A Cr.P.C. It is further submitted that due to continuous interference from unof ficia-l respondent Nos.6 to 15, petitioner No.2 herein lodged a complaint dated

21.05.2021; before respondent No.5 narrating zrll the said facts and requested for providing police protection, however, respondent No.5 did not receive the compiaint stating that the matter is civil in nature. Under such circumstznces, petitioners sent the complajnt through RPAD to respon<lent Nos.2 to 4 Apart from. taking action, respondent No.5 started colluding with unoflicial respondents and started harassing and threatening the petitioners.

4. In those circumstances, being left with no other option, petitioner filed a private complaint beforr: IV Addl.Chief Metropolitan Magistrate, City Criminal Corrrts, Hyderabad, Nampally. Thereafter, IV Addl.Chief Judge referred the matter to respondent No.S, who inturn failed to Iodge <:omplaint against 4 "ir;;t respondent Nos.6 to 15 even after lapse of 15 days. Taking advantage of non-registering the FIR, respondent Nos.6 to 15 are threatening the petitioners to withdraw the complaint else they will see the end of the petitioners. Finally, respondent No.5 registered FIR No.277 /2025 under Sections 329, 308, 330, 331(7) of BNS Act on 13.08.2025. The main grievance of the petitioners is that except registering FIR against respondent Nos.6 to 15, respondent No.s is not taking any action against them and that respondent Nos.6 to 15 are still continuing threatening the petitioners. Questioning the said inaction of respondent No.5, the present writ petition is filed.

5. The Sub-Inspector of Police, Kachiguda Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home based on the private complaint of the petitioners, respondent Police registered FIR No.277 12025 and during the investigation, the Sub-Inspector of Police examined the petitioners arld recorded their statements and visited the scene of offence and prepared crime details and issued a notice under Section 9a I 179 BNSS to the petitioners on

23.08.2025 to produce witnesses and also documentarlr evidence for proper investigation. Petitioners, accordingly approached / 5 \ respondent Police and submitted copies of judgment a;rd decree in OS.No.9OS|2O|7 dated 28.02.2025 and ,rlso Lok Adalat Award in LAC.No.584 l2Ol8 in O.S.No.682l20lB, however, the said documents are not related to the subject crime. Therea_fter, the Invest.igating Officer again requested th e petitioners to produce proper documents. The petitioner carne to Police Station on 16.O9.2025 but did not produce any documents and informed that he will produce the same within a coufrle of days. It is submitted that the Investigating Officer is read.r to complete the investigation as and when the petitioner prodrrces the relevant documents in support of his version.

6. At this, learned counsel for the petitioner submits that petitioner would take appropriate steps 1n furnishing the required documents arld witnesses for 1.he purpose of investigation

7. In that view of the matter, this writ petition is disposed of with a direction to respondent authorities to consider the documents produced by the petitioner and take up further investigation strictly in accordance to law, a s and when the petitioners produces the same. 6 Miscellaneous applications, if any pending, shall stand closed, No order as to costs. //TRUE COPY// To,

1. The Principal Secretary, Home Department, Secretariat, Telangana. CTION OFFICER yderabad, State Of SD/. P PONNA KRISHNA A ANTREGIS The Commissioner Of Police, Hyderabad Commissionerate. The Deputy Commissioner Of Police, Amberpet Zone, Hyderabad' The Assistant Commissioner Of Police, Kachiguda Zone, Hyderabad- The Station House Officer, Amberpet Police Station, Hyderabad. One CC to SRI MOHAMMED ZUBAIR AKRAIV, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 2 3 4 6 7 8 BSR PVL i i I I I : I I ) I ! I I i HIGH COURT DATED:1 810912025 CC TODAY ,7;$';\l.t-" "'':g ,'€'i::i ?rstPlu .:\ ' ,l "- I ! a. :' i ',; -7-- \. ...ai. . i.(l_oi,:.^: - \..'..,:-..-...,' ORDER WP.No.28195 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,// 1z 14 q,4