High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or Direction more particularly one in the nature of writ of Mandamus, a. Declare the action of Respondent No.3 and his subordinates in interfering with the petitioners liberty and threatening arrest under FIR No.'l6g of 2024, despite subsisting judicial directions, as illegal, arbitrary, vindictive, and violative of Articles 14 and 21 of the constitution of lndia, b.Direct Respondent No.3 not to summon, call, or interfere with the petitioners life and liberty in connection with FIR No 168 of 2024, excepl in strict compliance with the orders of the Honble Magistrate and this Honble Court. ,l lA NO: 1 OF 2025 Petition under section 15'l cPC praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High c,) rrt may be pleased to direct Respondent No.3 and his subordinates not to su-r mon. call, or interfere with the petitioners liberty in connection with FIR No.1 I ) of 2024. and ro act strictly rn accordance with the judicial orders in Crl.p No.1 I 49 of 2024. Counsel for the Petitioner : SRI SUDARSHAN MALUGART Counsel for the Respondents No.jto3 : ASST. Gp FOR H( ME Counsel for the Respondents No.4 : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31734 of 2025 ORDER: i Heard Sri Sudarshan Malugari, learned counsel for the petitioner and learned Assistant Government pleader for Home appearing for respondent Nos.l to 3. With their consent, this writ petition is being taken up for disposal at the admission stage i tse lf

2. This writ petition has been filed seeking the following prayer: " DecLaring the action of respondent No.3 and his subordinates in interfeing utith the petitioner's liberty and threatening arrest under F.I.R.No.168 of 2O2a, despite subsisting judicial directions as illegal, arbitrary, uind.iitiue and uiolatiue of Articles 14 and 21 of Constitution of Ind.ia and consequential prayer seeking direction to respond.ent No.3 not to sumnton, call or interfere uith the petitioner's life and libertg in connection tuith F.I.R.No.168 of 2O24, except in compltance utith the orders of the leamed Magistrate and this Courl."

3. Facts o[ the case in brief are that petitioner is a Senior Assistant in the Revenue Department of the Government of Telangana and had earlier served as Additional Revenue Inspector in the ofhce of the Tatrsildar, Balanagar Mandal. The respondent No.4 due to personal vendetta and ulterior motives, claiming to be the son of late Dodala Anjaiah through his second \'t 2 wife, filed a private complaint before the prir :ipal Junior Civil Judge-cum JMFC, Jadcherla on 12.(ti,,.2o24 a_lleging irregularities in the succession report preparcc by the petitioner in respect of the land in Survey No.1 13/p arl I easuring Ac. 1.00 guntas of Hemajipur Village and based on rlr ) said complaint, the learned Magistrate directed to register a cr.r,e u.hich resulted in lodging of F.I.R.No.l68 of 2024 dated I oOg.2O24 for the offences under Sections i96, 316, 3lg alcl .l 19 of the BNSS, 2023 and thus the petitioner was arrayed r; accused No.l. Aggrieved thercby, the petitioner filed Crl.p.|'r .7I74g of 2024 before this Court challenging the said r:gistration and investigation and this court uid.e its order de ted 20 .o9 .2024, held that the learned Magistrate failed to lollo i, the mandatory procedure prescribed under Section 175 (3) &. 4) of the BNSS while ordering the investigation against a pu L lic servant arld remanded back the matter to the Magis 1 -ate for fresh consideration in accordance rvith law. 4. The marn grievance of the petitioner is that iespite the said judicial direction, the police proceeded to file a r harge sheet by splitting up the crime against the other accus3 i i.e., Accused Nos.2 to 4 and kept the investigation open again:r the petitioner. It is further contended that respondent I.o.3 and his 3 subordinates have been acting in total disregard of the judicial orders and are continuously calling, intimidating, and threatening the petitioner with arrest, under the pretext of the very same F.I. R. , though the matter is seized of by the Magistrate. It is further stated that respondent No.4 has restored to extra-legal measures by submitting a false representation dated 17 .1O.2O25 to the Director General of Police, Telangana seeking coercive action against the petitioner and on such false representation, respondent No.3 has again begun summoning and threatening the petitioner thereby causing continuous mental agony and humiliation. Aggrieved, by the same this writ petition is filed.

5. Based on the instructions issued by the Sub-lnspector of the Police, Balanagar Police Station, Mahabubnagar/respondent No.3, learned Assistant Government pleader for Home submits that respondent No.4 had Iiled complaint against the petitioner and three others before the principle Judicial First Class Magistrate at Jadecherla and the learned Magistrate uid.e Dis.No.3781 dated 04.O9.2024 forwarded the said private complaint to the respondent No.3 and as per the orders of the learned Magistrate, respondent No.3 registered Crime No.168 of 2024 under Sections 196, 316, 319 & 349 of the IpC on 4 --\.--a\r |o.og.2024 and during the investigation, respondent No.3 examined six (06) witnesses and recorded thl r statements and Thereafter, accused' ll rs'2 and 4 filed collected evidence' 10970 of 2024 before th s Court and as per Criminal Petition No the orders of this Court' notices under Secli rn 35 (1) (b) were issued to them oo 28 'O9 '2024 and accusecl No 3 surrendered before respondent No'3 on 12'12'2024 and ht: was issued similar notice. It is turther submitted that the petili )ner has fi1ed Writ Petition No.1 1 149 of 2024 dated 20'09' 2021 a':rd' Writ Petition No.34739 of 2024 dated 10'12 '2024 for qt ashing the crlme disposed the Writ This Court uide its order dated tl'O4'2O2:; Petition No.34739 of 2024 by directing thc crime strictlY in conduct investigation into the aforesaid accordance rvith law without interfering '*'it I the life and liberty of the petitioner by taking note of the orclel of this Court dated 2O.OL.2O24 passed in Criminal Petition No l I149 of 2024' lt t's further submitted that after passing of the : bove orders by this Court, respondent No'3 completed the inv:stigation and filed charge sheet on 79 'O7 '2025 against accus€ I Nos'2 to 4 before the Court of Judicial First Class Magistr rte' Jadcherla uide Inward No.1453 of 2025 and stated that C () Number is awaited' It is further submitted that a-fter passing of the above orders bv espondent No'3 to 5 this Court, respondent No.3 did not call the petitioner, did not interfere with the petitioner's liberty and did not threatened the petitioner to arrest

6. Having considered the above facts and circumstances and recording the submissions of both the learned counsel without expressing aly opinion on the merits of the case, this writ petition is disposed of directing the respondent No.3 to follow due procedure contemplated under law before taking any further action on the petitioner.

7. With the above dircction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/-P. PONNA KRISHN ISTANT REGI ECTION OFFICER To, 1 The Principal Secretary, Home Department, 5th Floor, elangana Secretariat, Hyderabad, Telangana - 5OO 022.

2. The Superintendent of Police, Mahabubnagar District, Telangana State -509 001

3. The Station House Officer / lnspector of Police, Balanagar Police Station, Mahabubnagar Diskict, Telangana State - 509 202.

4. One CC to SRI SUDARSHAN IVIALUGARI, Advocate lOPUCl 5. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 6. Two CD Copies. BSK GJP HIGH COURT DATED:1711012025 ORDER WP.No.31734 of 2025 3 i'"',tT \, -_'-.- -:.--/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS e, (),, -D