High Court disposed of a writ petition challenging police action of circulating petitioners to stations for civil dispute settlement. Based on the Respondent Police Commissioner's counter-affidavit affirming no interference by police, the court concluded no violation of fundamental rights arose and disposed of the matter without costs.
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.
[32e6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICE C,V. BHASKAR REDDY
WRIT PETITION NO: 21299 OF 2023
Between:
AND
The Director General Of Police, Lakdikapool, Hyderabad.
7
RE SPONDENTS
Petition under Artrcle 226 of lhe Constitution of lndia prayirrg that in the circumstances stated in the affidavit filed therewith, the H gtr(;ourt may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of M,lndamus, declaring the action of lhe Rersfrondent Nos.3 to 6 in regularly calling tt e petitioners to their police stati()n without-egistration of any crime and made t,r sit in the police station from mcrning t,t evening at the instance of Responde'lt Nos.7 to 12 for settlement of allege:d civil disputes created by them and for financial settlement under the threat of foisting criminal case as illegal, arbitrary, constitutional and contrary to the pnrv sions of Cr.P.C. and consequently diret t the respondent Nos.3 to 6 not to call the petitioners to their police station witl-out registralion any crime at the instarrct) ol Respondent Nos.7 to 12 for settlen ent of alleqed civil drsputes and finan(:ial transactions in their police station und€ r the guise of foisting criminal case.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circurns;tarrces stated in the affidavit filed in su rport of the petition, the High Court nra y be pleased to direct the Respondent l,los.3 to 6 not to call the petitioners to .ht:ir lolice station without registration of z ny crime at the instance of Responde-rt Ncs.7 to 12 for forcible settlement of Ci /il disputes, pending disposal of tl-re abover writ petition.
Counsel for the Petitiolrers : SRI P.SHRAVAN KUMAR GOUD
Counsel for the Resporrdents No.I to 3 : ASST. GP FOR HOMI:
Counsel for the Resporrdents No.4 TO 12 :
The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.21299 of 2023
ORDER:
This rvrit petition is liled seeking the following relief:
".......1o issue an oppropiote Wit, Order or Arection, more particularlg one itr tl7e, nalure of Writ of Mandarnus, declaing the action oJ the Respondenf 1Vos.3 to 6 in regularlg calling the petilioners to tlrcir police slation u)lthout regtstration of ony cime and made to sit rn tlle police station frotn morning to euening at the instance of Respondent Nos.7 to 12 for settlemelt of allegled ciuil disputes created bg them and for Jinancialsettletnentunderthe threat of foistirrgciminalcase as illegat, arbitrary, Lutconstltut{onal and contrary to the prouisions of Cr.P.C. and cotlsequentlg direct the respondent Nos.3 to 6 not to call the petitioners to their police station without registration ang cirne at tle instance of Respondent Nos.7 to 12 Jor settlement of aLteged ciuil disputes and finartcial transactrons irt their police station under the guise of foisting cimtnal case antd pass such other reliefs.. .."
2
C'VBR. J $,l] 2 -.q9 2023
obtained patr adar passbool<s ar-rd title rleeds :rn I their names ^/ere also reflected as pattadars in t,-tt f)harani portal mainta ned by the Revenue Department
3
/
cvut(, J ('p 21299_202]
images and noticed that the petitioners have encroached upon the land belongs to respondent No.7. On noticing the same, respondent No.5 directed respondent No.6 to call the petitioners to the police station for the purpose of enquiry and accordingly, the petitioners came to respondent No.5 police station on 0 1 .O8.2O23. After enquiring into the matter, respondent No.6 advised both the parties to settle the disputes before the Civil Court, as the police have no jurisdiction to interlere with the civil disputes, as held by the Hon'ble Apex Court and this Court and closed the said petition on O2.O8.2O23 as 'civil in nature'. It is further stated by respondent No.3 in the counter-affidavit that he came to know about the 'Palabhishekam' made by the unofficial respondents to his photograph through the media. It is further stated that as the respondents-police never supported the unofficial respondents and only directed both the parties to settle their civil disputes before the appropriate Civil Court, the police are not responsible for the acts of the unofficial respondents in pouring milk on the flexi and the said allegation has to be answered bythe It is further stated that the unoflicial respondents only.
.l
( .,tlt{. J \p 21199 l02l
respondents-l)olice never interfered into the cjvil disputes pending betw:en the parties. Therefore, the violarion of the fundamental rights guaranteed to the pet; tior-re rs; dces not ar1sc.
7 . With th: above observation, thisrVrit P,:tition is
disposed of. Ir o costs.
any, shall sta-r: d closed
\
I;C/.(i. SIREESHA ASSIS]'ANT REGISTRAR //TRUE COPY// sEofl,f,N <itrrcen
a. one cCto sdip sHnnveNKUMARGoUD, Advocate[CPUC]- . 5. iffi c-c; t" cp-r'on HoME, High courtfor th€' stahr of relanganaat Hyderabad. [OUTI QTwo CD CoPies. BSK & GJP-
I
HIGH COURT
DATED:0411012023
,4,1 i,,E STAI
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13 $[1 ?$8
ORDER
WP.No.21299 of 2023
DISPOSING OF THE WRIT PETITION WITHOUT COS S
eu{* ${)---frr"*
3 issues framed by the court
Whether the action of police in circulating petitioners to police stations for settlement of alleged civil disputes is illegal and arbitrary.
Whether police action amounts to violation of petitioners' fundamental rights by following unofficial respondents' instructions.
Whether to maintain or dismiss the writ petition against police action in settling civil disputes.
Madaraboina Rajender
Madaraboina Rajkumar
State of Telangana
Commissioner of Police, Warangal
David Raj
Gopi
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
