The High Court · 2025

Petition Under Article 226 o( 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 rn the nature of Writ of Mandamus, by declaring the action of the 4th Respondent in harassing the Petitioners without following due process of law, including the mandatory compliarrce under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41-A Cr.P.C.), as well as the guidelines laid down by the Honble Supreme Court in Amesh Kumar v. State of Bihar, rn connection with Crime No. 57112025 of Jubilee Hills Police Station, Hyderabad, Telangana State, as illegal, arbitrary, violative of Articles 14, 19 and 21 of the Constitution of lndia, and against the principles of natural iustice, and consequently to direct the 4th Respondent not to harass the Petitioners without following due process of law, including the mandatory compliance under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41-A (l '.P.C.), as well as the guidelines laid down by the Honble Supreme Cdurt in Arr:sh Kumar v. State of Bihar, in connection with Crime No. 57112025 of Jubilc,, Hills Police Station, Hyderabad, Telangana State. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cc I rt may be pleased to direct the 4th Respondent not to harass the Petitioner:; without following due process of law, including the mandatory compliance undi r Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresporr ing to Section 41-A Cr.P.C.), as well as the guidelines laid down by the Hor ble Supreme Court in Arnesh Kumar V. State of Bihar, in connection with O ime No. 52112025 of Jubilee. Hills Police Station, Hyderabad, Telangana S,z te., fothwith, pending dispoe al cf thrs +vrit petition before this Honble court. Counsel for the Petitioner(s): SRI Dr CHALLA SRINIVAS 0 REDDY Counsel for the Respondents No 1 To 4: AGP FOR HOM: The Court made the following: ORDER THE HON'B LE SBI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.2a47O of 2O25 This writ petition is filed seeking the following prayer "...declaing the action of the 4th Respondent in harassing the petitioners without following due process of Latu irtcluding the mandatory compliance under Section 353 of the BharatiyaNagariksuraksltasanhita 2023 conespond.ing io Section 41-A Cr.p.C as well as the guidelines laid down by the Honble Supreme Court in Arnesh Kumar u State of B .nr in cc;nrtectiort utith Cime No.S71/ 2025 of Jubilee Hills Police Station, Hyderabad,Telangana State as iLlegal, arbitrary, uiolatiue of Articles 14, lg and 2I of ttrc Constitution of Ind.ia and. against the principles of natural justice and. corusequently to d.irect the 4th Respondent ruot to hr"rass the Petitioners without follotuing due process of taw includ.tng the mandatory compliance under Section 353 of the Bharatiga Nagaik Suraksha Sanhila, 2O23 corresponding to Section 4l_A Cr.P.C as weLl as the guid"elines laid d.otln bg the LIonbLe Suprente Court tn Arnesh Kumar u State of Bihar in connection utitlt Crime No.571/2O25 of Jubilee Hills Police Statton, Hgderabad Telangana State /

2. Heard learned counsel for the p r liticner and learned Assistant Government Pleader for Hcr te appearing on behalf of respondents. With their cons: rt, this writ petition is taken up for disposal.

3. The facts of tlrc casc in bricl '. -c t.hat one Ms.Ch. Lakshmcs,r,ari, -"r,ho is an 85 years old ;etlror cltlzen leased out her son's propcrt-v as GPA lr ,lcle r to the petitioners herein in thc vear 20 13 uide rcf istered lease deed for a pcriod of 1 1 months. 'l'hercaftcr, tL r lease period was exlerrcled from Limc to Linre . [iu[;s I ;r,rently, the petitioners hereirr defaultcd irr 1;avirrg rents L-:' r-r ll-re month of October, 2023. Accordrngl-r., a suit in O.S. Nr .22,1 of 2024 was filed beforc [V Scnior C-ivil .Iudge, H).dc- rbad by said Ch.Lakshmcswari, seeking eviction and i rreilrs. The compiainant alleged that t he petitioners forged the signature of said Ch. Lakshnresrvari on tl'rc lr.i se deed and claimed that the leasc is for a. period of 9r, ycars. It is submitted that the complainant llled thc seri: suit only to extract moncJ/ from thc pctitioners and rll r dispute is purely civil in nature. It is further :;r.l )mitted the respondenl , No.4 Police, rcgistercd :l crime in _) Cr. No.57 | I 2025 against the petitioners on the hle of Jubilee Hills Police Station, Hyderabad' It is further submitted that petitioner No. i herein and the son of complainant, who resides in USA, are business partners and due to financial disputes between them, the complainant has falsety lodged complaint against the petitioners. The main grievance of the petitioners is that respondent Police r'r'ithout proving any allegations made against the petitioners, are continuously harassing the petitioners u'ithout follorr"'ing due procedure as contemplat ed under larr'. Questioning the sarne, the present u,rit petition is filed.

4. Learned Assistant Government Pleader for Home placed a copy o[ instructions issued by Sub-Inspector of Police, Jubilee Hills Police Station and would submit that basing on the complaint of said Ch.Lakshmeswari, respondent No.4 registered FIR No.57l12025 under Sections 42O, 46A, 47 1 IPC on 09.09.2025 against the petitioners and during the investigation, it is revealed tl'Iat petitioners are involved in follolving crimes: (i) Cr.Nos. lO2l2OO9 tJlSec.468, 471,42O, 467; 4 (ii) 35/2009 U/Sec.506 448 42o 12ob: (iil262/2Or4 U/Sec.406, 42O r/w 3.1 pC; (ivl 62/2OO9 U/Sec.468 462,42O,47 I )t,C: (v) 61 / 2OO9 U/Sec.468 467,47 | 420 It) ); (vi) 731/2019 U/Sec.420,506 rpC; (vill 122/2019 rJ /s 406,420,506 rpC; (viii) 11tl2Ot2 U/Scc.406,420,4( .4()8,474,423 IPC., 156(3) Cr.p.C., (tx) 131/2Ot2 ulScc.4O6, 420,468, . C)7,123 rpc., 156(3)Cr.p.C.; (x) 172/2OtO rJ/Scc.42o,4O(>.468,471 r: ): (xil 186 / 2OI3 U/ Sec.5C6,406,420 tpc. (xiil 26/2oO9 U/Scc.406,4 68,42O rpC. (xlii) L89 / 2O2t U/Sec.420,5O6 IpC, (xivl 115/20tO U/Scc.506 . qq7 rpc It is further - submitted that apart frot r tlie above cases, petitioners are involvcd in Cr.,r ts.27 /2024; 661/2024 and 833/2024. tr is submirrr: I that the petitioners have filert Crl.p.No. 12076 /2025 before this Court to quash the FIR No.5,/1/ 2025 and r re same is pending. It is further submitted that since thc pr_.rrtioncrs have not produced the allcged forged doctrmerr t>cfore the ) trial Court and if the Petitioners are served with 41-A Cr.P.C. notice, it wouid be difficult for the Investigating Officer to recover the said document and accordingly' prayed to dismiss the present $'rit petltlon'

5. In that vieu' of the matter, 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 and since various cases are pending against the petitioners, the petitioners shall cooperate with the investtgatton. Miscellaneous petitions, pending, if any' shall stald closed. Ilovvever, thcre shall be no order as to costs' SD/. A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, \

1. The Prl. Secretary, State of Telangana, Home Department' O/o' Secretariat' Hyderabad.

2.TheCommissionerofPolice,HyberabadPoliceCommissionerate'AtCCC' Baniarahills, Hyderabad, Telangana state'

3.TheAssistantCommissionerofPolice,JubileeHillsDivision,AtJubileeHills, Hyderabad, Telangana state'

4.ThestationHouseofficer,JubileehillsPolicestation,Hyderabad,Telangana state.

5. One CC to SRl. Dr CHALLA SRINIVASA REDDY Advocate [OPUC] 6: Two CCS to GP FoR HoME ,High Court forthe State of Telangana. [oUT] 7: Two CD CtrPries D.N PVL gK HIGH COURT DATED:1910912025 ORDER WP.No.28470 of Z02S ../. .'iriE S.?4 \)o i I JAN 2026 'z\(; i l DISPOSED OF THE WRIT PETITION WII HOUT COSTS /o e"gv 9,lo o\ ru(