Police accused of high-handed action and threatening criminal compromise in a civil dispute. The High Court quashes such actions and directs adherence to summons procedures.
Petition allowed; respondent police directed to follow procedure under Section 41-A Cr.P.C. and not to interfere in civil disputes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY ,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 18835 OF 2022
Betwee n:
C.Yadagiri Reddy, S/o Lat Sri C. Agi Reddy, aged about 54 years, Occ. Business, R/o Flat No.G-3, Pavani Apartments, Triveni Nagar Colony, Meerpet village, Balapur Mandal, Raga Reddy
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitutio'n of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the writ, order or direction more particularly in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents no. 3 and 4 in acting in high handed manner and calling the petitioner to the police station and making him to sit in the police station and thereby threatening to settle the matter with the respondent No.5 is without any Jurisdiction, is nothing but arbitrary, illegal, null and void and violative of principals of natural justice and also violative of Articles 14, 19,21 of the constitution of lndia and Consequently direct the Respondents no.3 and 4 not to call the petitioner to the police station, not to
interfere in the civil matter,not to threaten the petitionerto settle the matterwith the RespondentNo.5 herein exceptin due process of law'
lA NO: 1 OF 2022
Petition under section151 CPC praylng thatin the circumstancesstated in the affidavit filedin supportof the petition, the High court may be pleased to direct the Respondentsno.3 and 4 not to call the petitioner to the police station,not to interfere in the civilmatter, not to threaten the petitionerto settle the matter with the RespondentNo.5 herein,except in due process of law, and to pass such other order or ordersas this Hon',blecourt may deem fit and properin the interest of Justice,pending disposal of the above writ petition'
Counsel for thePetitioner:SRl.GOVIND REDDY KONTHAM
Counsel for theRespondent No's.1 to 4: SRI S.RAMMOHAN RAO, AGPFOR HOME
Counsel for the RespondentNo.5:NONE APPEARED
The Court made thefollowing: ORDER
/
///
TtIE HON'BLE SMT. JUSTICE LALII'HAKANNEGANTI
wRIT PETITION No.18835 of 2022
OITDER:
This writ petition is filed questioning the action ofrespondentNos'3 and 4 in acting high handedqanner andcalling the petitionerto the police station and making him to sit in thepolicestationand therebythreatenedto settle the r.natter with respondentNo.5, as arbitrary and illegal
2
\'.P.No.l8E
aggrieved by the highhanded action of the respondent, has come r-rp before this Courl.
LK. J W.P.No.l8835 of2022
I
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5' Accordingly, this writ petition is disposed of directing the respondent police to follow the procedure contemplated under Section 4r-A Cr.p.C. and not to interfere with the civil disputes
Miscellaneous applications, pending if any, shall stand closed.
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SDi.P.PADMANABHA REDDY ASSISTANT REGISTRAR sEcIoN oFrtcen
,TRUE COPYII
To, '1 The.Principal Sectary, Home Department, state of Telangana, secretariat buildings, at Hyderaliad. 2. The commissi6ner of police, Rachakonda. 3. The Station House Officer, ttteerpet, Ranqa Reddv 4. Th e S_ub-i n s pecto r of eglig _1y e_5rlti, R;"";;' R;;,,i y. 5. One CC to SRt. GoVtND.REDDy-iOr.riHii,iXivocate topucl FoR HoME ,Hish Court ili;;:t"t; ;iieririjana tourl 9 IWB 3B,r,3r,!X 8. One Spare Copy.
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HIGH COURT
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DATE D :2 010412022
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ORDER
WP.No.18835 of 2022
DISPOSING OF THE WP
WITHOUT COSTS.
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3 issues framed by the court
Whether the action of the police in calling the petitioner and threatening to settle the matter arbitrarily violates Articles 14, 19, and 21 of the Constitution.
Whether the police threshold for summoning under Section 41-A Cr.P.C. has been met given the bail conditions and the civil nature of the dispute.
Whether the police should be directed not to interfere with the civil dispute pending before the High Court.
3 provisions across 3 enactments
C.Yadagiri Reddy
The State of Telangana
Commissioner of Police, Rachakonda
Station House Officer, Meerpet
Sub-inspector of Police, Meerpet
Smt. Rafat Fatima
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
