High Court · 2025

Mr. S.Sudhakar, Occ._Deputy-superrntendent of police Nalgonda Sub- ljrvision of Nalgonda District State of Telangana. Mr V D R Naigcnda District State of Telangana, Bashapaka Jy_othi, W/o Hari Krishna Aged 39 years, Occ Government Service, No. 7 -1 -1 1 OlB, Panagal of Nal-gondaTown, Nalgonda District. l0.Bashapaka Han Krish-na, S/o. Venkaiah, Occ Business, Aged 40years, R/o. _L 7-1-11018, Panagal of Nalgonda Town, Nalgonda District." Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly one in the nature of ...RESPONDENTS writ of mandamus declaring the action of the respon,j )11ts 5 to 8 herein irr harassing the petitioners at the instance of Responc r rt No.9 and 10 and registering the crime in crime No. 3',I6/2017 dl 27.10."'. '',7 on the file of the 6threspondent without ascertaining the truth or othenryisr: and in tnterfering with the peaceful possession and enjoyment of the property o[ :he petitioner in D.No 7-5-6lAl1, situated at Panagal, Nalgonda District for wroni tl gain and to benefil the respondents I and10 herein as illegal, arbitrary ar 1 also oppose to all cannons of justice as well as abuse of power of police cotr equentially, direct the respondents3 and 4 herein to probe in to the matter in mi; tse of power of police by the Respondents Tand 8 herein in registering in ft I cases in F.l.R.No. 316t2}iZ on the file of the 6th respondent hereir 3y considering the representation made by the petitioner dt 13.12.2017 as we I as statement of the petitioner recorded by the Assistant Superintendent of rolice Admin dt 16. 12.2O1lby takrng appropriate action against the responde I s 7 and 8 as per law further, direct the respondent No. 5 to B herein not to inter ere with peaceful life and tiberty of the petitioner as well as with the propertl' ir-r D.No. 7-5-631A11, situated at panagal, Nalgonda District without there being ar y' case or cause. l.A. NO: 2OF 2017 WPMP. NO : 54934 OF 20171 petition under Section 151 cPc praying that in the c r :umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the respondents 3 and 4 herein to probe in to the mat.r r in misuse of power of police by the respondents 7 and 8 herein in regist€ r r g in the cases in F.l.R.No.316/2017 on the file of the 6th respondent here r by considering the representation made by the petitioner dl 13.12.2017 as well :rs statement of the petitioner recorded by the Assistant Superintendent ;f Police (Admin) d1.16.12.2017 by taking appropriate action against the res I rrrdents 7 and 8 as per taw pending disposal of the above writ petition. Counsel for the Petitioner : SRI LAXMAIAH KANCHANI Counsel for the Respondents No.1to6 : SRI M.SRINIVAS, A: P FOR HOME Counsel for the Respondents No.7to10 : The Court made the following: ORDER " THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETI TION No. 44322 of 2017 ORDER: This Writ Petition is filed with the following relief: ''. . .to lssue a writ, order or direction, more pafticulady one in the nature of Writ ot Mandamus' declaring the action of the respondents 5 to 8 heretn in harassing the pelitioners. at the instance of Respondent No'9 and 10 and registering the crime in crime No316nU7 dt'27.10 2017 oi tne fite of the \threspondent without ascedaining the truth or otherwise and in inteiering with the peaceful possess,on and enioyment of the propefty of the petitioner in D.No'.7-U6/N1, situated at Panagal' 'Nalgonda District for wrongful gain and to benefit the resiondents g and10 herein as illegal, arbitrary and also. oppose to all cannons ot iustice as well as abu e.o! power ol police consequentiatly, direct the respondents3 'and 4 herein to probe in to the matter in misuse of power of police by the respondents Tand I herein in registering rn tte cases in F.l.R-No- 316/2017 on the file of the 6th respondent herein by considering the representation. ,rid" by the petitoner dt-13-12.017 as well as statement of the p'etitioner recorded by the Assistant Supeintendent of polbe Admin dt.16.12-2017by taking appropriate ac.tion agiainst the respondents 7 and 8 as per law fufther, direct tie respondeit No. 5 to I herein not to intedere with peaceful lite and tibefty of the petitioner a1 Ngll^as witl 'the property in D.No.7-5-63/NL situated at Panagal, Nalgonda District without there heing any case or cause and to pass.. . " 2 Heard Mr.Laxmaiah Kanchani, learned counsel for the petitioner and Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6

3. Learned counsel for the petitioner subnrits that respondents No.5 to B have been harassing the petitioner at the instance of certain unofficial respondents by registering Cime No 316 of 2017 without any factual or legal basis. lt is contended that the 2 registration of the said crime and the subsequerrl ,actions of the police constitute misuse of power and abuse of ; rocess of law. Aggrieved by such harassment and inaction >f the higher authorities, the petitioner has filed the present wrrt letition seeking appropriate directions from this Court to ensure [)t )tection of his rights.

4. Learned Assistant Government Pleader for Hc ne, appearing on behalf of the respondents, submits that the petit tner is one of the accused rn Cime No.316 of 2017. lt is further ;ubmitted that during the course of investigation, the petitioner was luly examined and all procedural safeguards were observed. Afte- crompletion of investigation, a charge sheet was filed, and the r;i se has been taken cognizance of and numbered as C. C. No.347 t f 201 8 on the file of the learned lll Additional Junior Civil Judge, r algonda. The case is presently at the stage of tssuance of surr rrons and is posted for hearing on 24.10.2025 ln view of these c :velopments, contends that the allegations of harassment are unforr ,ded and that the writ petition has become infructuous. Accordingl,i dismissal of the petition is sought.

5. I have perused the pleadings and material tvailable on record.

6. The primary grievance of the petitioner is that the police authorities have been allegedly harassing him under the pretext of investigation in Cime No.316 of 2017. However, from the factual developments placed before this Court, it is evident that the investrgation has already been completed, the charge sheet has been filed, and the competent criminal court has taken cognizance of the offences and proceeded to trial. These developments demonstrate that the matter is now within the domain of judicial proceedings before the trial court,

7. Nevertheless, havrng regard to the petitioner's apprehension of harassment by the police in connection with the said proceedings, it is necessary to safeguard the petitioner,s fundamental rights the respondent police authorities shall refrain from causing any undue interference or harassment to the petitioner under the gurse of criminal case proceedings, except in skict accordance with law and pursuant to valid judicial orders.

8. Subject to the above observation, the writ petition stands disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// \ To, 1 . The Principal Secretary,state of Telangana Ho Buildings, HYderabad. SD/.L.VIJAYA LAKSHMI A SISTANT REGISTRAR SECTION OFFICER partment Secretariat

2. The Director General Police, For The State Of Telangana At Hyderabad' 3. The lnspector General Of Police, West Zone Hyderabad State Of Telangana 4. The Superintendent Of Police' Nalgonda District AT Nalgonada'State Of Telanagana <-( o "k/ - 5 The Deputy Superintendent Of Police, Nalgonda,sub I vision Of Natgonda District,State Of Telangana.

6. The Station House Officer, tlTown Nalgonda Town, Na gqonda District, State of Telangana.

7. One CC to SRI LAXIUAIAH KANCHAN|, Advocate. [O1] JCI 8. Two CCs to GP FOR HOME, High Court for the State I lelangana. [OUT] 9. Two CD Copies. BSK Pmq. & l- HIGH COURT NTR,J DATED:1311012025 ,61iis;l '/{\\' 7t ,)) '. ,-0. -v * I.l nTC t-* ORDER WP.No.44322 of 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \> ,t \ ,-\-6