The High Court · 2025

2. Michael Joseph Ferreira, Aged about 79 years, SJo.-Late Joseph Ilg,g. Ferreira, Occ sportsman, Rl/o. Rest Harrow, 187-8, Ground Floor, DMonte Park Road, Off turner Road, Bandra- West, Mumbai- 050, Maharashtra. 3. Srinivasa Rao Vanka, Aged about 51 years, Sic. Vanka, Occ Business, R/o.303-A, Raghuram Reg-ency, MSR Road, Gokula,o Bangalore- 054

4. Maqaral V.Balaji, Aged about 45 years, Occ Business, R/o.C/003' The Caopy' AgE Main Road, Bapusapalaya, Bangalore- 043.

5. Nozer K. Desai, Aged about 65 years, Occ Business,, R/o.302, Farishrarin, 40, Pali Hill, Bandra West, Mumbai-0s0. ..,..PETITIONERS AND

1. The State of Telangana, Rep. by the Principal Secretary, Home Department, T- Secratariat Buildlngs, Hyderabad. 1

2. The Station House Officer, Nadigudem P.S. Nalgonda. 3. G.Pushpa, Aged about 23 years, D/o.Venkanna, Rl/o.Rathravaram (V) Nadigudem (M), Rl/o.Nalgonda. .....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 or order or direction more particular in the nature of writ of certiorari to quash FlR.No. 8412016 dated 19.07.2016 on the file of the Kodada P.s. Nalgonda, 2nd Respondent herein, and issue consequential directions, //A. To call forthe records in FlR.No. 8412016 dated'19.07.2016 0n the file of the Kodada P.S. Nalgonda, 2nd Respondent herein and the connected records theret,l, //8. And to quash the FIR.No.8412016 dated 19.07.2016 on the file of the Kod:ada P.S. Nalgonda, 2nd,Rspondent herein as being illegal in nature, arbitrary, and in violation of Art. 19(1Xg) and21 of the Constitution of lndia, and ItC. To declarr> that the business activities of the Petitioner Nos. 1 to 4 does not violate any provisions of the lndian Penal Code as //D. Direct the respondent to grant to the Fetitioners a reasonable time of two weeks before taking coercive steps as regards allegations made in connection with the business carried on by eNET/vihaan //E. That in alternative to the prayer for quashing and Declaration and without ptejudice to the same, direct that all complaints (FlR.Nos.11212016 dated 12.05.2016 on file of CCS P.S., Hyderabad, FlR.No.25Bl2O15 dated 13.10.2015 on file of CCS P.S., Hyderabad, F|R.No.32612015 dated 13.06.2015 on file of Krishna Lanka P.S., Vijayawada, FlR.No.16612016 dated 27.02.2016 on file of Kukatparlly P.S., Cyberabad, FlR.No.7312016 dated 13.04.2016 on file of Madannapet F).S., Hyderabad, FlR.No 8412016 dated 19.07.2016 on file of Nadigudem P.{i., Nalgonda District, and FIR.No.64412016 dated 11.08.2016 on file of KPHB Colony P.S'., Hyderabad) registered so far to the best of the knowledge of the Petitioners) be clubbed together. 44 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 stay all further proceredings including arrest of the petitioner Nos 1 to 4 in FIR No.84 of 2016, dt. 19-07-2016 onthe file of the Nadigudem PS., Nalgonda, 2nd respondent hreein , and th€ (PT) Transit Warrant oF 2017 P Between The Station House Officer, Nadigudem P.S. Nalgonda. ....VACATE PETITIONERURESPONDENT No.2 AND

1. Malckoim N. Desai, Aged about 45 years, S/o. Nozer K. Desai. Occ Business, pUo.3O2, Parishram, 40, Pali Hill, Bandra West, Mumbai-osb. 2. Michael Joseph Ferreira, Aged_about 79 years, S/o. Late Joseph Thomas Fereira, Occ'sportsman, R/o. Rest Harrow,.187-8, Ground Flobr, DMonte Park Road, Off Turner Road, Bandra- West, Mumbai- 050, IMaharashtra. 3. Srinivasa Rao Vanka,lged ,bqY!51_years, Sic. Vanka, Occ Business, R/o.303-A, Raghuram Regency, MSR Road, Gokula,o BangalOre - OS4. 4. Magaral V.Balaji, Aged about 45 years, Occ Business, Rl/o.C/003, The Caopy, Agra Mdin Road, Bapusapalaya, Bangalore- 043.

5. Nozer K. Desai, Farishrarin , 40, Pali nge{ apouj..65 _years, Occ Business,, R/o.302, Hill, Bandra West, Mumbai-0sO. ..... RES PON DE NTS/PETITIONERS

6. The State of Telangana, Rep. by the Principal Secretary, Home Department, T- Se6ratariat Buildings, Hyderabad.

7. G.Pushpa, Aged about 2.3 years, D/o.Venkanna, R/o.Rathravaram (V) Nadigudem 1[a;, Rfo.rualgonda. .....RESPONDENTS/RESPONDENTS 1 & 3 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 vacate the lnterim Orders dt.27.10.2016 passed in W.P.No.36333 of 2O16, on the file of this Hon'ble Court at Hyderabad. Counsel for the Petitioners : Ms. G.AKHILA, REPRESENTTNG FOR Counsel for the Respondent Nos.1 & 2 : SRI M.SRINIVAS, AGP FOR HOME SRI NARAPARAJU AVANEESH, ADVOCATE Counsel for the Respondent No.3 : - The Court made the foltowing ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER: Thrs writ petition is filed under Article 226 0f constitution of lndia seeking the following relief: "rit n " 'i'o tbsue an aopropriate writ or order or direction more particular in the irirr" of ,wit of certiorari" to quash FlR.No. 84/,2016 dated 19t.07.2016 on the file of the Nadigudem P'S' Nalgonda, 2nd Respondent herein.' and issue consequential fo, the records in FIR'No' 84/2016 dated directions, A. To 1g.t)7.2016 o, tn-J'nii of the Nadigudem P-S. Na/gonda, ld Res;pondent herein and the connected records thereto' B' And to quashtheFlR.No.S4/2o16date|19.07.2016onthefileofthe Nactigudem P.S. Nalgonda, /d Respondent herein as being illeg.at in nature, arbitiry, and in violation of Att. 19(1)(g) and 21 of the constitution of lndia, and c. To declare that the busrness actirrities of the Petitioner Nos.7 to 4 does not violate any protisions of the tndian Penal Code as mentioned in the said advertisemenf issued by the investigating authority; D' Direct the resp,ondent to grant to the Petitioners a reasonable time of two weeks before taking coercive sfeps as regards allegations made in connection with the business canied on by QNETNihaan; E' That'in alternative to the prayer for quashing and Declaration and without prejudice to the same, direct that all complaints (F/R.Nos,112J2o16dated12.05.2016anfileofCCSP.S., Hyderabad, FtR.No.2582015 dated 13.10.2015 on file of ccS P.S. Hyderabad, FtR.No.326/2015 dated 13.06.2015 on file of Kishna Lanka P.S., viiayawada, FlR.No.166/2016 dated 27.02.2016 on fite of Kukatpally P'S', Cyberabad, FlR.tYo.73/2016 dated 13.04.2016 on file of Madannapet P.s., Hyderabad, FtR.No 84/2016 dated 19.07.2016 on file of Nadiqudem P.s., Na/gonda District, and FlR.No.644/2016 dated 11.08.2016 on fite of KPHB Colony P.5., Hyderabad) registered so far to the best of the knowtedge of the Petitioners) be clubbed together F. And pass..." \ -=a\\$ 1 2 !tTR, J w. P.Ito.36lt3it of 2016

2. Heard Ms. G. Akhila, learned counsel representing Mr' N' Avaneesh, learned counsel for the petitioners, and Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing for respondent Nos' 1 and 2'

3. Learned counsel for the petitioners submits that the present petition has been filed challenging the proceedings initiated against the petitioners in crime No. 84 of 2016 on the file of Nadigudem Police Station, Nalgonda District, and seeking quashment of the said First lnformation RePort'

4.LearnedAssistantGovemmentPleaderforHomesubmitsthat thecrimewasdulyinvestigatedanduponcompletionachargesheet was filed, thereafrer Calendar Case No. 745 ot 2018 was registered on the file of the court of the Principal Junior civil Judge, Kodad. He further submitsthatthecaseispresentlypendingatthestageoftrial. considering the advanced stage of the proceedings and the absence of any tenable ground or material warranting quashment of the proceedings, he prays for dismissal of the petition' 5 I have perused the material available on record'

6. Having considered the submissions advanced, it is evi'gpol that the police have completed the investigation, filed the charge sheet' and 3 NTR' J Y.P.No.36333 of 2O16 thecompetentCourthastakencognizan@oftheoffence,framed charges, and the matter is presenfly proceeding to trial' These facts are demonstratingthataprimafaciecasefortrialhasbeenmadeout against the Petitioners' T.lnviewofthecasebeingatanadvancedstageoftrial,thisCourt findsnojustilicationtointerferewiththeongoingproceedings.However' itismadeclelarthatthepetitionersshallbeatlibertytoavailappropriate remedies beriore the trial Court' if so advised' S.Accorrlingly,thisWritPetitionstandsdisposedof.Thereshallbe no order as lo costs Miscellaneous Petitions' Pending if anY, shallstand closed' To

1. 2 3. 4 5. SA N d{_ 1 SD,. A. SREENIVASA REDDY ANT REGISTRAR I i I ,,TRUE COPY,, SECTION OFFICER , State of :l HIGH COURT l DATED:1 11012025 r R TIIE S o a, * 17 rr,g 216 f).4?^. ri-(.! * =i WP.No.36333 of 2016 DISPOSING OF THE W.P WITHOUT'COSTS. p'i 6\Jr'