✦ High Court of India · 11 Apr 2025

The High Court · 2025

Case Details High Court of India · 11 Apr 2025
Court
High Court of India
Decided
11 Apr 2025
Bench
Not available
Length
1,104 words

Judgment

4. The State of Telangana, Rep. by its Principal Secretary, Home Department, 5th Floor, Telangana Secretariat, Hyderabad, Telangana - 5OO 022. The Superintendent of Police, Mahabubnagar District, Telangana State -509 001. The Station House fficer / lnspector of Police, Balanagar Police Station, Mahabubnagar District, Telangana State - 509 202. Dodala Raghavender, S/o. late. Anjaiah, Aged about. 47 years, Occ. Business, Fl/o. Flat. No. G-8, Medha Rejoice, Shanthi Block, Radha Krishna Nagar, Attapur, Hyderabad-500048. ..,RESPONDENTS

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 in the nature of Writ of Mandamus.- a. declare the action of Respondent No.3 and his office subordinates, who are interfering without any authority of law by calling petitioner, threatening to arrest, implicate into false cases and dire-consequences behest the back of unofficial Respondent No.4 harassing and causing the petitioner mental agony under the guise of investigation in FIR No.168 ol 2024, despite of the Orders in CRL.P No.11149 ol 2024 dated 20-09-2024 of this Hon'ble Court as illegal, arbitrary, motivated in violation of Article 21 of the constitution of lndia. b. Consequently, direct Respondent No.3 and his subordinates to honor the Orders in CRL.P No.11149 ot 2O24 dated 20-09-2024 of this Hon'ble Court and not to interfere with personal life and liberty of the petitioner and issue notice in FIR No.168 of 2024, in case of any further progress and proceedings in the interest of justice. lA NO: 1 OF 2024 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 Respondent No.3 and his subordinates to honor the Orders in CRL.P No.11149 of 2024 dated 20-09-2024 of this Hon'ble Court and not to interfere with personal life and liberty of the petitioner and issue notice in FIR No.168 of 2024 in case of any further progress and proceedings in the interest of justice pending disposal of the Writ Petition before this Honble court. Counsel for the Petitioner : SRI SUDARSHAN MALUGARI Counsel for the Respondents No.1to3 : GP FOR HOME counserf ortheRespondentsNo'4:SRrJJ.HIHi',iiSil,'Jm^T,="'^'Itrr" pThe Court made the following: ORDER tIovI}I-T, SITI .IUSTICE I-. \/INOD KUMAIT \\ l{11' PtlTl'Il0N No.31739 of 2024 ottl)t.lR lleard lean'red counsel tbl the petitioner, learned Govemment l'leader lbr Home appearing on behall of respondent Nos.l to 3 and Sri J.Pradyumna Kumar Reddy, leamed Senior Counsel for Sri K.Pandu Ranga Reddy, learned counsel for respondent No.4, and perused the record. With the consent of leamed counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at aclrrission stage ShLrln Lrl unncccssar'-\ details. thc case ol'Lhe petitioncr in briel is tir.ri ilrt le sIontle nt liLrLlrolitie s. in 1111 11c111xt. responclcnt \o,3 is rntcr lcr-in!. in the cir il dispLrtes existing betrr een the pctitioner and Lrrrolllciel rcsponclcr]t rriLhout anrr author't\ or s.rnction of law i . I r is the tlrther case of petitioner that rvl-rile there is a dispute in relation to land to an extent of Ac.l.00 in Sy.No.113 of Hemajipur village, Balanagar Mandal, Mahabubnagar District, being claimed by the 4th respondent, while the same said land is also being claimed by one Dodla Pentamma, Wo.late Anjaiah, the petitioner being the Assistant Revenue Inspector is taking action in relation to the said 2 dispute in discharge of official duties, the 4'h responderlt irerern had filed a private complaint, which on being referred to the 3'd respondent for registering case, a case in F.I.R.No.168/2024 dated 10-09-20024 has been registered.

4. Petitioner fufther contends that on registering the crime as referred by the N,[agistrate, the 3"1 respondent is callirls the petitioner to Police Station and resoftiltg to l.larasslrent thelebl . irrtertcr ins n ith the Iife and liberty oi thc petitioner, ',r',hich .rctrurr r)l tlrc -l respondent. it is ctrtttctttlccl as higlilr illcgal erlti ittf illitt)

5. Per cortlt'cr.lcarned Cjor ct'lllllent Plcadcr l-ot I Iotllt app!'ilrillc oll behalf of lespondent Nos.1 to 3 submits tltat tlLc- tcs1--rotrdcnI authorities, except investigatir-rg into the case registered as F.I.R.No.168/2024, are not interfering neither in the civil dispute nor with the personal life and liberry of the petitioner.

6. Learned Senior Counsel appearing on behalf of 4th respondent submits that since, the 4th respondent had filed a private cornplaint before the concerned Nlagistrate, rvhich \\'as rcl'elred to the 3'd respondent-police lbr lcgistcring ct itrle. itl ot tlcl :,.r 1.rt cr clrl 11li 3',t responde.t fi.r, conciucti.g invcstigatio, i,to rlrc u.ir.csuicl c..rc. the petitioner hls cotrtc trp t ith thc pt-esent \\ r'it I'c'rti,'rr 3 ,7 I have taken note ofrespective contentions urged'

8. Having regard to the submissions made as above' and since' aclnrittedll. a case vide F.l.R.No'168/2024 dated l0-09-2024 having beeu registerecl b1'the 3'd responcient authorit) on a private complaint Iorlqecl b' thc .rl'l' rcspo,de.t hcrci,. this Cor.rrt is ol the view that the lcspouclc'nt aLltllorities are to be clire'cted to conduct investigation into lhc :rlirrc:ltitl e litllc s',t ictlr it.l ltce tltclallce rl itll lerl ri itl-rout intert-ering rr rrlr tlic lilr' lnrl lilrcItr o1'thc llctitiorrcr atld also taking note ol the orclel ol rhis Court date<l 20-09-2024 passed in Criminal Petition No.i I149 o12024 Subject to above observation and direction, the Writ Petition is 9 disposed of. No costs. 10 Consequently, miscellaneous petitions, if any pending shall stand c Iosed //TRUE COPY// SD/.T. TIRUMALA DEVI EPUry REGISTRAR To SECTION OFFICER 1 The Prrncrpar secretary, Home D€partment,5th Froor, Terangana Secretariat, Hyderabad. State of Telangana. Telangana'- SOO 022.

2. The Superintendent of porice, Mahabubnagar District, Terangana state -5og 001,

3. The Station House Officer / lnspector of police, Balanagar police Station, Mahabubnagar District, Telangana State - 5Og 202. 4 One CC to SRI SUDARSHAN MALUGAR|, Advocate. tOpUCl 5. One CC to SRt K.PANDU RANGA REDDY, Advocate. tOpUCl 6. Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] 7. Two CD Copies. q BSK BS HIGH COURT DATED:1110412025 ORDER WP.No.34739 of 2024 ( Iq \!) g SI Art- 1 v a ^r t 2 I APn ?1125 I Dssp rrc$ DISPOSING OF THE WRIT PETITION WITHOUT COSTS cgqoW

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