✦ High Court of India · 22 Sep 2025

Madari Nikhil v. consequently direct the

Case Details High Court of India · 22 Sep 2025
Court
High Court of India
Decided
22 Sep 2025
Bench
Not available
Length
1,045 words

Petition under section 151 cpc praying that in the ci-. umstances stated in the affidavit filed rn support of the writ petition, the High Co I t may be pleased to direct the Respondent authorilies not to summon, harass, r take any coercive action including arrest or detention, against the petitioner ir connection with aoy complaint or alleged grievance purportedly lodged by the I rofficial Respondent pending disposal of the above writ petition Counsel for the Petitioner : SRI M V B S NARASIMHA ANU[ EEp Counsel for the Respondent Nos. 1 to 3: AGp FOR HOME Counsel for the Respondent No.4 : --_ The Court made the following: ORDER I THE HON'BLE SRI JUSTI CE N.V.SHRAVAN KUMAR Writ Petition No. 24599 of 2o25 This writ petition is filed seeking the foliowing prayer: "...decl.aing tLLe impugned action of Olficiat Respondents in interfeing u,tith ciuil disputes as arbitrary, illegol, capicious, highhanded, and. uiolatiue of Articles 14 and 21 of the Constitution of India apart from being in contrauention of the pinciples of natural justice and fair ptag and consequentlg direct the Respondents not to take interfere uith the ights to liue and. liberty of the Petitioner in ang manner u.thatsoeuer includ-ing initiation of coerciue steps such as arrest summoning the Petttioner to Poltce Station for selLlement of ciuil disputes etc. .." 2 . Heard learned counsel for the petitioner and learned Assistant Government pleader for Home appearing on.beha-lf of respondent Nos.1 to 3. With their consent, this writ petition is taken up for disposal. Notice to respondent No.4 is dispensed'with.

3. The facts of the case in brief are that petitioner along with others incorporated M/s.Acheronta Movebo Private Lirnited under the provisions of Indian Companies Act on 1a.OI.2O22 which is engaged in the business of operating a restaurant and pub, including services of serving 4sed and liquor. The sajd company has five t 2 I shareholders u,herein petitioner is holding t1 and respondent No.4 is second larges 1 e major share shareholder. However, due to losses ald financial constr;r nts. petitioner was forced to close the business in the y,r rr 2025. It is submitted that the iosses suffered arc to bc 1 roportionately shared further by a1l the stakeholders anrl despite being one of the stakeholder, respondent No.4 is insisting the petitioner to return his investment, despil r knowing the fact that company incurred losses. Horvev: '. in order to maintain peace among the stakeholck,. s, petitioner accepted to return the investment of responrl rnt No.4, a-fter securing some funds. Subsequently, petitio r to the Madhapur Police Station and visi: er vrras cal1ed d the Police Station on 16.09.2025. However, the petiticr er was made to remain in the Police Station for a substanl i rl time on the premise that there was a complaint. Hower, t r, no copy of complaint or FIR has been served on the pet j .oner and the respondent Poiice are insisting the petitioner o sign on the settlement agreement. euestioning the samr the present writ petition is fi1ed. 3

4. Learned Assistant Government Pleader for Home has placed a copy of FIR in FIR No.l444 12024 dated

30.1O.2024 registered against the petitioner under Sections 406, 42O, 323, 5O4 read with 34 IPC on the complaint lodged by one Vikhyath Billa (respondent No.4 herein) and the petitioner \\'as arrayed as A.1. Thereafter, notice under Section 35(3) BNSS was issued to the petitioner on

16.09.2025 and the copy of the FIR has been supplied on the learned counsel for the petitioner.

5. In that view of the matter, since FIR No.l444 12024 has atready been registered against the petitioner and the same has been supplied to the learned counsel on record, this r,r,rit petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under 1aw for further course of action ' Needless to state that petitioner shall cooperate with the investigation. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs' //TRUE COPY// SD/-L.VIJAYA LAXMI ASSISTANT REGISTRAR oSECTION OFFICER II To 1 . The Principal Secretary, Home Department, Secretariat, State of Telangana, Hyderabad.

2. The Commissioner of Police, Cyberabad Police Commissionerate, Gachibowli, Hyderabad. \

3. The Station House Officer' Madhapur Police Station' lrilad r rDur' Hyderabad 4. OneCCto SRI MVB S NARASIIvIHAANUDEEP' Advo; Lte[OPUC] 5. Two CCs to GP FOR HOME' High Court for the State of T :iangana [OUTI 6. Two CD Copies PVL SA Wr HIGH COURT DATED:2210912025 ORDER WP.No.28599 of 2025 jr 1HE S Y ''1q iili( s C) ). t * I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS q-o CP o ! i i €

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