The High Court · 2025

Petition under Section ',t51 cpc praying that in the circumstances sitated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No. 3, not to interfere into the property of petitioners flat No. 503 on fifr'h floor in Tirumala Alluri Nivas complex admeasuring, 994 sft, inclusive of common area, together with undivided share of land admeasuring 35.00 Sq yards, out of 907 Sq yards, in premises No. 16-3_ gg1 t 1 17, on plot No.7 situated at chacharguda, Marakpet, Hyderabad, pending disposar of the Writ Petition Counsel for the Petitioner: SRI MAHMOOD KHAN Counsel for the llespondent No.1 to 3: AGP FOR HOME Counsel for the Flespondent No.4: - " The Court made lhe following: ORDER THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR ORDER: Assistant Government resPondent Nos'1 to 3' taken uP for disPosal Heardlearnedcounselforthepetitionersandlearned Plead.er for Home aPPearing for With their consent' this writ petition is at the admission stage itself' Notice to by disPensed with' respondent No'4 is here This writ petition is filed seeking following prayer:- 2 "...d"eclaring the action of the Respondent No'3 in interfering in ciuit dispute and coercing the petitioners to settle the ciuil dispute with Respondent No.4 is illegal, arbitrary, unconstitutional and uiolation of the fund.amentat rights of the petitioner herein guaranteed und.er Article 21 of the Constitutioru of India and consequentlg direct the Respondent No.4 not to interfere into the property of petitioners i.e., Jlat No.5O3 on fifth floor in Tirumala Alluri Niuas complex admeasuring 994 Sq.ft., inclusiue of common area together utith undiuided share of land ad.measuring 35.00 Sq.yards out of 907 Sq.Yards in premises No. 16-3-991/ 1/ 7 on Plot No.7 situated at Chachalguda, Malakpet, Hyderabad (subject property)..." I { 2 d are that respondent

3. The facts of the case in brief as stated ,.r. rh^+ _^- No'4 has obtained loan from Beral Finance and purchased the subje<:t property. Thereafter, petitioner No.1 purchased the subject property by entering into an Mou on 21.04.2021 with respondent No'4 and on the same day entered into Absorute Agreerrrent of sare and paid an amount of Rs.2,55,5 34/-.The petitioner cleared l5 months installments i.e., approximately an amount of Rs'6,oo,ooo/- on beharf of respondent No.4, however, petitioner came to know that the loan EMI which he is paying is held in the name of Ruby Enterprises represented by its Propriet,rs i.e., respondent No.4. petitioner No.2 also entered into Absolute Agreement of Sale with respondent No.4 on 23 .o I .2c'2o and paid an amo unt of Rs. 1 0 ,0o ,ooo / - and got cheated. In that regard, petitioner No.2 filed a suit for specific performance and perpetual injunction in o.s.No.5 s63/2024 which pt:nding before the Junior civil Judge, city civil court, Hyderab:rd.

3.1. It is; further submitted that respondent No.4 filed a private complaint before VIII Additional Chief Judicial Magistrate and the Same wa:s forwarded to concerned Police Station. The petitioners are arra\led, as Accused Nos.1 and 2 tn Cr.No.|1412025 on the fiN of \iIIr Addl.chief Judicial Magistrate, Nampally for the

4.'- -) offences under Sections 318(4), 316, 319(211,338, 351 read with 3(5) BNS and 175(3) of BNSS dated L9.06.2025. It is submitted that respondent No.4 has falsely implicated the petitioners in the present case only to extract money from the petitioners illegally. It is the further case of petitioners that respondent No.3 has called the petitioners to the Police Station on several occasions and forcing the petitioners to settle the matter with respondent No.4. Questioning the same, the present writ petition is filed. 4 Learned Assistant Government preader for Home has placed a copy of instructions issued by sub-Inspector of police, Dabeerpura porice station and u,ourd submit that on 23.0g .202s at 1g'oo hours the respondent porice received a court referred complaint fired by respondent No.4 stating that he is the owner of subject property craimed by way of mortgage with Bajaj Finance in the year 2019. Thereafter, the comprainant agreed to se, the prot to petitioner No.1 whereby petitioner No.1 assured to crear the roan and EMIs. It is further submitted that petitioner No. r defaurted in paying EMIs and rater, petitioner No.l without intimating to the comprainant gave the subject property on rent to petitioner No'2. It is further submitted that petitioner Nos.l and 2 corroborated with each other and created fake agreement .., ,rt sare by i)ryirg the signature of the comprainant and in that 4 regard, respondent No.4 lodged a private complaint before VIII Additional Chief Judicial Magistrate, Hyderabad and petitioner No.2 filed a suit for specific performance and perpetual Civil .ludge, City Ci.y;il injunction in O.S.No.556312024 which pending before the Junior :Tr,t, flYderabad. Thereafter, as per orders of VIII Additional Chief Judicial Magistrate, respondent No.3 registered a case in cr.No.ll4l2O25 against the petitioners for the offences under Sections 318(4)' 316' gl9(21' 338' 351 readwith3(5)BNSand175(3)ofBNSSdated:19.06.2025.Thle respondt:nt Police tried to serve Section 35(3) notice against the but faited to do so' The case is still under for collection of certified documents and until and investigation is completed' the respondent Police investigation petitioners, unless the cannot come to anY conclusion'

5.Inthatviewofthematter'thiswritpetitionisdisposedof directingtherespondentauthoritiesnottointerfereinthecivil disputespendingonthesubjectpropertyandshallfollowdue procedurt: as contemplated under law for further course of action.Nt:ed.lesstostatethatpetitionersshallcooperatewiththe enquiry 5

6. with the above directions,.this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SO/. M.NAGAM ASSISTANT REG //TRUE COPYII SECTION OFFICER \ To, 1 2 3 4,

6. PMK The Principal Secretary, Home Department, office at secretariat, Hyderabad The Director General of Police., State of relangana, Saifabad, Hyderabad. The Station House Officer, p.S., Dabeerpura, Hyderabad. One CC to SRt TMAHMOOD KHAN, Advocate tOpUCI Two ccs to Gp FoR H.ME, High court for the state of rerangana. [oUT] Two CD Copies TKS B\ HIGH COURT DATED:10/1 012025 ORDER WP.No.30785 of 2025 r 6 !|'[R ilffi * DISPOSING OF THE WRIT PETITION WITHOUTCOSTS