✦ High Court of India · 06 Mar 2025

High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Bench
Not available
Length
1,089 words

Sri. Sirigiri'Ramesh, S/o.Narsaiah, aged qbout 50 years, Occ_Business, R/o. H No.4:6-95, Ambedkar Nagar, Sircilla Town and Mandal, Rajanna Sircilla District, T.G ...PETITIONER AND

1. The State of Telangana, Rep., by its Prl., Secretary, Department of Home, Telangana Secretariat, Hyderabad, TG

2. The District Collector, Rajanna Sircilla Dist., TG Office at Collector Complex, Sircilla, TG

3. The Superintendent of Police, Rajanna Sircilla District, Office at Sircilla, TG 4. The Station House Officer, Vemulawada Town Police Station, Vemulawada Rajanna Sircilla District, TG

5. The Station House Officer, Sircilla Police Station, Sircilla, Rajanna Sircilla District, TG ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or directions more particutarly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the respondent No.2 to 4 in inviting the complaints from the persons through print and electronic media, who purchased the plots situated at Tippapuram Village and Agraharam Village and Nampally village of Vemulawada Mandal and Mustipally Village of Sircilla Mandal and thangalapally village and Mandal, Rajanna Sircilla Dist., TG, decades ago through a registered sale deeds from the petitioner and registering the criminal cases for nonbailable offences one after another since the month of February,2024 onwards vide FIR's No's 668 of 2024, daled.lo-12-2O24, 556 of 2024, dated.l7-10-2024, 256 ot 2024 .dated.21-O5-21114, 255 ot 2024, dated.21-05-2124, 114 of 2024, dated. O4-O3-2O24, 11? of 2024, dated.04-03-2024 and 109 of 2024, dated 01-03-2024 of Vemulawada fown PS and FIR No.96 ol 2O24, dated.16-02-2024 of PS Sircilla Town, Rajanna :iircilla District, TG, with an intention to register a PD Act case by obtaining permis;sion from the respondent No.2, on the basis of above said false FIR's and interferring with the petitioners personal liberty and in civil disputes and further threatening to register more false cases as highly illegal, arbitrary, bad and violation of articles of 14, 19, 21 and 300-4 of the Constitution of lndia and consequently di,'ect the respondents more particularly the respondents No. 2 to 4 not to register the criminal cases lodged by the plots purchasers in respect of the plots situated :lt the above mentioned villages and not to interfere in civil disputes and with the personal liberty of the petitioner in any manner forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit ''iled in support of the petition, the High Court may be pleased to direct the respondents more particularly the respondents No.2 to 4 not to register the crirninal cases lodged by the plots purchasers in respect of the plots situated at situ;rted at Tippapuram Village and Agraharam Village and Nampally village of Vemulawada Mandal and Mustipally Village of Sircilla Mandal and Thangalapally 'rillage and Mandal, Rajanna Sircilla Dist., TG and not to interfere in civil disputes and with the personal liberty of the petitioner in any manner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI BETHI VENKATESWARLU Counsel for the Respondent No.l & 3 to 5: SRI R.LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent No.2: AGP FOR REVENUE The Court made the following: ORDER HoNoURABLE SRI IUSTICE B. VIIAYSEN RUOPY WRIT PETITION No.37065 OF 2024 ORDER: (ORAL) , This writ petition is filed by the petitioner seeking to declare the action of respondents No.2 to 4 in tryrng to register a Preventive Detention Case against him and interfering with his personal liberty and in civil disputes, without following due process of law, as being illegal, arbitrary and unconstitutional.

2. Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, basing on the written instructions dated 03.01 .2025,, submitted that the petitioner is involved in nine (9) criminal cases wherein charge sheets have been filed before the learned Judicial Magistrate of First Class, Velnulawada; the said cases are pending for trial. It is submitted that the \ \ petitioner is also accused in Crime No.668 of 2024 registered with Vemulawada Town Police Station dated 10.12.2024 for the offences punishable under Sections 318(4), 308(5), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), r,vherein he was arrested on

10.12.2024 and was sent to judicial custody; the investigation in the said crime is pending. J { 2

3. Learned Assistant Government Pleader further submitted that the respondent Police have not submitted any proposals to the District Collector fc,r invoking provisions of the Preventive Detention Act, 1950 against the petitioner. The allegations that the respondent Police are interfering in the civil disputes and with the personal tiberty of the petitioner are [alse and incorrect.

4. In tlrr: circumstances, this writ petition is disposed of directing the respondent folice not to interfere in the civil disputes and with the persona[ liberty of the petitioner without following due process of law. There shall be no order as to costs. As a sequel thereto, n.riscellaneous applications, if any, pending in this writ perition stand closed. sD/-K.A[rt[A.,-l ASSISTANT REGISTRAR NOTE:- That the wrong date of order has been annexed in the preamble portion & on docket sheet while dispatching the order dt. 06.03.2025 in W.P.No.37065 of 2024 and the same is been corrected Suo motu. This amended order shall substitute the earlier order which has alredy been dispatched on 07.03.2025. To, //TRUE COPYII SD/-K.AMMAJI DEPUTY REgISTRAR /q SECflON-OFFICER 1. The Principal . Secretary, Department of Home, Telangana Secretariat, 2. The Dislrict Collector, Rajanna Sircilla Dist., TG Office at Collector Complex, 3. The Superintendent of Police, Rajanna sircilla District, office at sircilla, Hyderabad, Telangana. -lelangana Sircilla, . Telanga,ra. i \

4. The Station House Officer,.Vemulawada Town Police Station, Vemulawada Rajanna Sircilla District, Telangana. District, Telangana.

5. Thi: Station House Officer, Sircilla Police Station, Sircilla, RajannaSircilla 6. One CC to SN BETHI VENKATESWARLU, Advocate IOPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at g. Tfro ccs td GP-FOR REVENUE, High Court for the state of Telangana at Hyderabad [OUT] Hyderabad TOUTI

9. Two CD Copies BS o TOD I I I { \ (} () [ 6 h?\\ ?$1t * * HIGH COURT DATED: 06/0312025 \ \. AMENDED ORDER WP.No.37065 of 2024 DISPOSING OF THE WRIT PETITION WITHOUTCOSTS , o

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