The petitioner sought a writ directing police to stop summoning him for resolution of matrimonial disputes despite an interim stay on FIR proceedings. The Court found the petition misconceived due to the pendency of the quashing petition and dismissed it limine.
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.
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[32e61
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IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TENTHDAY OFJANUARY TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SRI JUST]CEC.V. BHASKAR REDDY
WRIT PETITION NO: 8fi) OF 2024
Between:
Kunwar Adil Rizwan Khan, Sio AbidAli KhanAge: 27 Yrs, Occ:Amazon Employee, R/o Phoolbagh, Naseeb Nagar,Chandrayangutta,Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ol lheConstitutionof lndiaprayingthat in the circumstances stated in theaffidavit filedtherewith,the High Court may be pleased to issue a Writ of Mandamus, commandingthe RespondentPolice to cease and desist from summoningthe petitioner to the policestationfor the resolution of issues with his wifeoutsidethe purviewof the court, especiallyin light of thepetitionerspossessionof the interim staygranted in lA No. 2 OF 2023 tf.t Cnlp NO. 12279 OF 2023.Furthermore,the RespondentPoliceshould refrain from taking any coerciveactionsor directing the petitionerto the police station, considering thependencyof ttrc matterbeforethe honorable courtof Addl. Chief lV additionalMetropolitan Magistrateat Nampally,Hyderabad,as indicated in the order dated 14t1212023,with the next hearing scheduled for 11tO1t2O24.The acknowledgmentthat summoningthe petitioner to the police station, while the matteris subjudice beforethe honorablecourt,is inherently illegal, arbitrary, mala fide, and aviolationof the principlesof naturaljusticeis requested. Additionally, there shouldbe an assuranceof a stay on all further proceedings in FIR No. 545 ot 2023at the AmberpetPolicestation until the court,s disposition on thematter, maintaining the sanctity of the legal process.lt is imperative to safeguard thepetitioner'sfundamental right to personal lilrerty and uphold his rlght to betreated with dignity and respect, as constitutionally enshrined in Article 21 of the Constitutionof lndia. The plea includesa request
for any other order or orders that this Honourable Court may deem fit and proper, considering the facts and circumstances of the case and in the paramount interest ofjustice. This includes issuing directives to ensure that the Respondent Police strictly adhere to the principles of personal liberty, due process, and the rule of law, fostering an environment of justice and fairness
!A NO: 1 OF 2024
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 issue an interim order directing the Respondent Police to refrain from harassing thepetitioners, calling the petitioners where as petitioner possession of the interim staygranted in lA No. 2 OF 2023 tN CRLP NO. 12219 OF 2023. Furthermore, the Respondent Police should refrain from taking any coercive actions or directing the petitioner to the police station, considering the pendency of the matter before the honorable court as indicated in the order dated 1411212023, with the next hearing scheduled for 11lO,ll2O24. The Respondent Police are further directed to adhere to due process of law in all interactions with the petitioners.
Counsel for the Petitioner: SRI MD. FASIUDDIN
Counsel for the Respondent No.1 & 3: ASST. cP FOR HOME
Counsel for the Respondent No.2: - - - -
The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I
WRIT PETITIO NNo.8OO of 2024
ORDER:
This writ petition has been frled by the petitioner to declare the aclion of the respondents - police and desist from summoning the petitioner to the police station for resolution of issues with respondent No.2 outside the purview of the Court as iliegal, arbitrary, malafide and violation of the principles of natural justice.
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CVBR,.I wp_800_2024
7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
//TRUE COPY//
SD/.V.KAVITHA ASSISTANT REGISTRAR \Y,SECTION OFFICER
BN
GJP
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HIGH COURT
DATED:10101t2024
ORDER
WP.No.800 ot 2024
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DISMISSING THE WRIT PETITION WITHOUT COSTS @Ye g
1 issue framed by the court
Whether the High Court should direct police to cease summoning the petitioner for resolving matrimonial issues outside the court's purview while an interim stay exists on the FIR proceedings.
2 provisions across 2 enactments
Kunwar Adil Rizwan Khan
The State of Telangana
Smt. Gulshina Tanheem
The Inspector of police, Amberpet Police station
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
