Allowed

Shri.Gone Jagadishwar Reddy v. The State of Telangana

Telangana HC1 Feb 2024WP/2565/2024

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing police officials not to interfere with pending civil arbitration appeals and execution petitions between petitioners and Respondent No.7. The Court mandated adherence to Section 41-A of Cr.P.C. and Arnesh Kumar guidelines regarding summons.

What did the court decide?

Direction not to interfere with pending civil disputes and to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines for summons.

Shri.Gone Jagadishwar Reddy Vs The State of Telangana — Service and Employment | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2565 OF 2024

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Between:

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'1 . Shri-Gone Jagadishwar Reddy, S/o. Late G.Papi Reddy, Aged.-62yrs, Occ.Business, R/o.H.No.2-1 117411, Uppal, [,{edchal-l\rlalkajgiri District, Telangana State.

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[ilr-lt/ansani Krishna Kishore, S/o. N/ansani Srinivasulu, Aged.48 yrs, Occ.Business, Rl/o. H.No.2-247, Sri Sai Nagar, Jillelaguda, Ranga Reddy District, Telangana

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...PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Department of Home, Secretariat, Building, BRK Bhavan, Hyderabad.

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2 The Director General of Police, State of Telangana Police Head Quarters, LakdiKa Pool, Hyderabad-500004

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3 The Commissioner of Police, Hyderabad, Hyderabad District, Telangana.

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4 The Deputy Commissioner of Police, CCS, DD, Hyderabad, Telangana.

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The Station House Officer, SZCT-NZ, CCS, DD, Hyderabad, Telangana.

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tr The Sub-lnspector of Police, Chair Duty, CCS, DD, Hyderabad, Telangana.

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7 S.Ravinder, S/o.Krishnaiah, Aged.-55 yrs, Occ.-Advocate, Rl/o. H.No.2-2-1 136131N2, New Nallakunta, Hyderabad, Telangana State.

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...RESPONDENTS

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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 Writ or Order or Direction more particularly one in the nature of WRIT OF IVANDAIVUS declaring the action of Respondent No.5 and 6 in threatening, compelling and continuously harassing the petitioners no.'l and 2 to enter into settlement rJvith respondent no-7, by withdrawing the Arbitration Appeal O.P.No.228Ol201B ahd Arbitration Appeal O.P.N o.228112018 filed by the

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tit

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petitioners against the respondent no.7 and Others, pending on the file of the Hon'ble lll Additional Chief Judge Court, City Civil Court, and also threatening to pay the huge amounts as demanded by respondent no.7, by interfering in the civil matters/d isputes, under the pretext of registration of crime no.17612023 against the petitioners herein for the offence under section 420 lPC, based on the complaint lodged by the respondent no.7, further threatening that failed to heed to the demands put-forth by the respondent no.7, the petitioners will be implicated in some more cases in different police station, and will be taken into illegal custody without following due process of law is bad, arbitrary, void, illegal and against the principles of natural justice and violation of Articles 19,21 and 3004 of the Constitution of lndia and consequently direct the Respondent No. 5 and 6 not to harass and not take any coercive steps against the petitioners and to follow the due process of law, while proceeding with the investigation of case in crime no.17612023 of P.S.INSP ADIVIN(DD) strictly adhering to the settled principles, proced ure of law.

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lA NO: 1 OF 2024

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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 direct the Respondent No. 5 and 6 not to harass and not take any coercive steps against the petitioners and to follow the due process of law, while proceeding with the investigation of case in crime no.17612023 of P.S.INSP ADIMIN(DD) strictly adhering to the settled principles, procedure of law.

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Counsel for the Petitioners: SRI Y.SHASHIDHAR REDDY

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Counsel for the Respondent No.1 to 6: AGP FOR HOME

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Counsel for the Respondent No.7: --

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The Court made the following: ORDER

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HON'BLE SRI JUSTTCE C.V. BHASKAR REDDY

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WRIT PETITION No.2565 of 2024

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ORDER:

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This writ petition is filed seeking the following relief:-

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"...to issue a writ of mandamus declaring the aition ol respondent No.5 threatening, compelling and continuously harassing petitioner Nos.l and 2 to enter into cornpromisc with respondent No.7 by u,ithdrawing the applications filcd by thc petitioners against respondent No.7 and consequently to direct rcspondent Nos.5 and 6 not to take any cocrcive stcps against thc pctitioners in connection with Crime No.176 of 2023 on the file ol P.S.lnsp. Admin (DD) ..."

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The case of the petitioners is that they, 31'6 alrayed as accused in Crime No. 176 of 2023 dated 27.05.2023 registered for the offence punishable under Section 420 of IPC. It is the fur1her case of the petitioners that there are civil disputes between the petitioners and respondent No.7 and respondent No.7 has filed Arbitration case and obtained the award in his favcur and aggrieved by the said award, they have pref'erred Arbitration Appeals vide O.P.Nos.2280 of 2018 and 2281 of 2018 on the fiie of III Addl. Chief Judge, City CiviI Courr, Hyderabad. lt is their lufther case that suppressing the said fact of fiting the appeals, respondent No.7 has filed execution

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CVBII, J wP 2565 2024

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petition vide E.P.No.62l of 2019 fbl implementation of the orders passed in his favour in Arbitration case and the same is pending before the XII Addl. District and Sessions Judge, Ranga^Reddy District

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3 . The grievancc of the petitioners is that pending Arbitration appeals and Execution petition, the respondent Nos.4 to 6-police at the instance of respondent No.7 are frequently summoning them to the police station and confining thern hours together under the guise of investigation in Crime No. 176 of 2023,, which was registered against them for the offence under Section 420 oflPC. Further, the respondents-police are forcing the petitioners to enter into settlernent/compromise as per the terrns dictated by respondent No.7

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Learned Assistant Government Pleader for home appearing for respondent Nos. I to 6 would submit that on the basis of the complaint lodged by rcspondent No.7, they have registered Crirne No.l76 ol 2023 against the petitioners for the offence under Section 420 of IPC and lor the pulpose of investigation, the petitioners were

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CVBR, J WP 25(15 2024

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summoned to^{the policestation and they have not harasscdthe} petitioners ln any^manner

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In view of the^{said submissions,as there are admittedlycivil} disputes between^{the petitioners and respondentNo'7arld also cases} in that regard are^{pending before the civil cou(s, the respondcnts-} police are dirccted^{not to interferewith the civildisputes pending} bctween the^{petitionersand respondent No 7 and to lollowthe} procedure conternplated^{under Section 4l-A of Cr'P'C' and thc} guidelines issued by^{the Hon'bleApex Courtin Arnesh Kunur Vs'} State of Biher',^{if the presenceof the petitioners is requiredfor the} purpose of investigation^{inCrime No 176 ol2023' The} respondents-police^{are further directed to issue noticesduly} specifying date^{and titne so as to enable the petitionersto appear on} the specified^{date and tirne in the said notices, as and when the} presence of the^{petitioners is required for the purposeol} investigation.

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'(2014)^{I scc 273}

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cvlll{. J wP 2565 2014

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6 With the abovc observations, this Writ pctition is disposcd

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of. No costs

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As a sequel, the u.riscellancous petitions pencling, if any,

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shall stand closed.

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SD/. K.SREERAMA MURTHY ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

1 The Principal Secretarv. Department of Home, Secretariat, Building, BRK Bhavan, Hyderabad, Stite of Telangana.

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2 The Director Generar of police, state of rerangana police Head euarters, LakdiKa Pool, Hyderabad-500004 The Commissioner of^police, Hyderabad, Hyderabad District, Telangana.

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