Disposed¶38

Smt. K. Sowmya v. The State of Telangana

Telangana HC22 Apr 2025WP/11803/2025

Case brief

AI extract

What is this about?

Illegal detention by police; Kachiguda Police Station; Cr.No.132/2025 dated 03.04.2025; complaint by V. Geetha Vaidya; Article 226 mandamus; Articles 14, 19 and 21 of the Constitution; Section 151 CPC; direction to investigate strictly in accordance with law; writ disposed at admission stage; no costs; miscellaneous petitions closed; High Court for the State of Telangana; Justice T. Vinod Kumar; 2025.

What did the court decide?

Writ petition disposed of subject to the observation and direction that the respondent authorities shall conduct investigation into Cr.No.132/2025 dated 03.04.2025 and take further action strictly in accordance with law; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶38

Smt. K. Sowmya Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondents Nos. 2 to 5 in detaining the petitioner from 5.30 p.m. to midnight 12.30 a.m. on 05.04.2025 at the 2nd respondent (Kachiguda) police station, when no case was registered against her, was illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and whether the respondents should be restrained from harassing or detaining the petitioner.

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Court's answer

Taking note of the fact that a case has been registered against the petitioner vide Cr.No.132/2025 dated 03.04.2025, the Court directed the respondent authorities to conduct investigation into the aforesaid crime registered and take further action strictly in accordance with law.

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Detailed headnote1 paragraphs

Telangana High Court (T. Vinod Kumar J.), W.P.No. 11803 of 2025, decided 22.04.2025: Writ petition under Article 226 of the Constitution of India alleging that respondents Nos. 2 to 5 (Kachiguda Police) illegally detained the petitioner from 5.30 p.m. to midnight 12.30 a.m. on 05.04.2025 at the 2nd respondent police station although no case was registered against her, with a prayer to restrain the respondents from harassing or detaining her. The Government Pleader for Home submitted that Cr.No.132/2025 dated 03.04.2025 was registered on a complaint by one V. Geetha Vaidya and that the petitioner had been called only for enquiry/investigation into that crime, denying illegal detention or harassment; this submission was taken on record. Holding that a case now stood registered against the petitioner, the Court directed the authorities to investigate the said crime and take further action strictly in accordance with law, and disposed of the writ petition accordingly, with no order as to costs; miscellaneous petitions were closed. The matter was heard and disposed of at admission stage with the consent of counsel, notice to unofficial respondents being held unnecessary.

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t³¹⁶⁶ l

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 11803 OF 202s

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Between:

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Smt. K. Sowmya, D/o Late. K. Venkateshwarlu,^{Aged 42 years, Occ. Private} Employee, RJo H. No. 1-9-16, Swathi^{Villa Apartment,New Dilsukhnagar'} Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Represented by its Principal Secretary,^Home Department, Secretariat, Hyderabad

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The Statron House Officer, Kachiguda^{Police Station, Hyderabad}

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3 Jyothi, W/o, D/o Not known to Petitioner,^{Occ. SHO, KachigudaPolice} Station, Hyderabad.

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4 Naresh, S/o Not known to Petitioner, Occ. Sub-lnspector^{of Police, Kachiguda} Police Station, Hyderabad.

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5 Suresh, S/o Not known to Petitioner,^{Occ. Sub-lnspectorof Police, Kachiguda} Police Station, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the^{Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue a writ or order or direction, more^particularly one^{in nature writ of} [\rlandamus declarlng the illegal action of the^{respondents Nos. 2 to 5 in detaining} the Petitioner from 5.30 PM to midnight^{12.30AM on 5.4.2025 at 2nd respondent} Police station as being illegal, arbitrary,^{u nconstitutionaland violative of Article14,} 19 and 21 of the Constitution of^{lndia and contraryto law andconsequentlyto} direct the respondents not to harass^{or detainthe petitioner rn the interest of} justice

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lA NO: 1 OF 202s

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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 Respondents not to harass/ detain the petitioner contrary to law, pending disposal of the above writ^petition

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Counsel for the Petitioner: SRl. P SHASHI KIRAN

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Counsel forthe Respondent Nos.1&2: GP FOR HOME

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Counsel for the Respondent Nos.3 to 5: ----

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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W.P.No. 118O3 of 2O25

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ORDER

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Hez.rrd lcarned Counsel li;r the petitioner, learned Governmcnt Plcadcr for I lome appearing for the official respondcnts, and u'ith thc conscnt of thc learncd counsel appcaring lbr thc peirties, thc Writ Petition is takcn up for hearing and disposal, at admission stage.

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IJaving regard to the manner of disposal of the Writ Petition and the naturc ol lis involved, this Court is of thc view that notice to unofficial rcsponden[ is noL necr:ssary for adjudication of the prcsent writ Petition.

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Shorn o[ unncccssary dcr:rils, thr: c:rsc of thc pct.itioner, in brief, is that re spondcnts authoritics have iltegally detained the pctitioncr lrom 5.30 p.m. to midnight 12.30 a.m. on 05.04.2025 at the 2rr(l rcspondcnt policc Statiorr, without there being any casc rcgistercd against the petitioner, which action of the respondcntsauthorities it is contended as highly illegal and arbitrary, with a consequential direction to the rcspondents not to harass the pet.itioner.

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4- Per contra, Iezrrncd Govcrnmcr-rl I)leader for Home appearing for official rcspondents submits thaL based on a complaint lodged by one V.Gectha Vaid1.21, thc authorities harre rcgistered a casc uide

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Cr.No. 132/2025 on 03.04.2O25, ernd lor the purposc of enquiry/ investigatiorr ir-rto the alore said crime, the ieuthoritics have called the petitioner to r.hc 2od res pon clen t_police station.

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I-earned (]ovcrnmcnt pleadcr further sutrmils that the authorities except causing inr,estigation /enquiry into thc aforesaid crime registered have ncit ltcr iJlcgally clctainccl nor harassed [hc petitioner, as claimecl bv Lhc hcr.

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The aforesaid submission made b_v the learred Government Pleader is taken on ru:cord.

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Having rcgard to thc submissi<.rns made :ts zrt;ove and taking note of the fact that ,r casc is norv being rcgistcred against the petitioner ulde Cr.No.l32l2O2S, cir.03.04.2025, thr:; Courr is of the view that respondents aulrrorrtics zrre t. bc direr.ted to concluct investigatio, into thc a[orcs.icr crimt: rc:gistcrcd irrd takc furthcr action, strictiy in rrccorclanco s'ith lau..

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