N.Saravan Kumar, Vs The State of Telangana rep by the Principal Secretary

N.Saravan Kumar, S/o. Shiva^{Kumar,Aged 32 years,Occ Private_Employee} ai present unemployed, R/o.^{H.No.8-3-2311A1287,Flat No. 202, Osman} Reiidency, Krishria Nagar,^{Yousufguda,Hyderabad-}

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N.Shiva Kumar, S/o.^{Late Veeraiah,aged 54 yqarslOcc Business,FUo.} H.No.3-4-18, Near Park^{Road, Jangoan, Warangal District'}

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N.Varalakshmi, W/o. N.Shiva^{Kumar,aged 52 years,Occ Housewife, Rl/o.} H.No.3-4-18, Near Park Road,^{Jangoan, WarangalDistrict.}

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...PETITIONERS

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AND

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1 The State of Telangana^{rep by the PrincipalSecretary, Home Department,} Secretariat, Hyderabad.

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The Superintendent^{of Police, Nalgonda, Nalgonda District.,}

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The Station House^{Officer,Women Police Station, Nalgonda, Nalgonda} District.Hyderabad.

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N.Harika @ Bikkumalla^{Harika,w/o. N.sravan Kumar, qqe{ 29.Y!f!'s, pcc} Househob] Ri/o.H.No.18-1539,^{Behind Gouthami Model School, Shivaji} Nagar, Miryalguda, Nalgonda^District

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...RESPONDENTS

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Petition under Article 226^{of the Constitutionof lndia praying that in the} circumstances stated in the^{affidavit filed therewith,the High Court may be} pleasgd !o_,1ss-ge.a writ, order or^{direction more particularlyone in the nature of} Writ of Mandamus declaring^{the action of of the 3rd respondent in summoning the} petitioners to the 3rd respondent^police station^{and to compromise the matter with} the 4th respondent without^{registeringthe FIR as illegal, arbitraryand} unconstitutional and consequently^{direct the 2nd and 3rd respondent not to} summon the petitioners to the 3rd^{respondent police station without followingdue} process of law.

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l.A. NO: { 2014(WPMP. NO: oF 2014)

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Petition under Section 151 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of the^{petition, the High Court may be pleased direct} the 2nd and lird respondent not to^{interferewith the life and Iiberty of the} petitioners by s;ummoning to the 3rd respondent^police station,^{pendingdisposal} of the main wril^petition.

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Counsel for th,: Petitioner : SRI^{N.KRISHNA SUMANTH}

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Counsel for the Respondents No.lto3^{: SRI B.SRINIVAS, ASST.GP FOR HOME} Counsel for the Respondents No.4^{: SRI P.PRABHAKAR RAO}

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICE VAKITIRAMAKRISHNA REDDY}

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No. 22373 of 2014

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ORDER:

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Heard Sri N Krishna^{Sumanth, learnedcounsel forthe} petitioners, Sri Sridhar^{Bhuvanagiri, learned Assistant Government} Pleader for Home^{appearingfor respondent Nos.l to 3 and Sri Soumith} Reddy, learned counsel^{representing Sri P. Prabhakar Rao, learned} counsel on record^{appearingfor respondentNo.4 and perused the entire} material available^{on record.}

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This writ Petition is^{filed seeking to declare the action of} respondent No.3 in^{summoningthe petitionersto respondent No'3-} Police Station and^{trying/ insisting them to compromisethe matter with} respondent No.4,^{withoutregistering the FlR, as illegal and arbitrary'}

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This court^{uid.e interim order dated 02-09-2014in} W.P.M.P.No.28O6O of^{2014 in the present writ petition directed the} respondent No.3-Station^{Houseofficer (sHo), women Policestation,} Nalgonda District,^{Hyderabad,not to interferein civil disputesbetween} petitioner No.1 and his^{wife i.e., respondent No.4 herein, unless any} complaint of any^{cognizable offence other than Section 498-A of the} Indian Penal Code^{(IPC) is made againstthe petitioners.}

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Learned Assistant^{Government Pleader for Home appearingfor} respondent Nos.l to 3^{submitted that petitioher No.l was never} harassed nor summoned^{unnecessarily to respondent No'3-SHO, except}

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I{

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2

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in connecticn with the complaint made by respondent No.4 (wife of petitioner No.1) against petitioner No.1, which was registered as a crime viz., crime |1o.115 of 2ol4 under section 498A IPC and sections 3 and 4 of the Dowry Prohibition Act, 1961, and that the same resulted in investigatiorr of the crime and summoning of the petitioner for investigatiorr purpose. Learned Assistant Government pleader submitted r-hat it is false to contend that respondent No.3-SHo summoned the petitioners and tried to compromise the matter with respondcnt No.4, without registering the FIR, and therefore, requested to dismiss the Writ Petition.

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In vicw o[ the above, this Writ Petition is disposed of in terms of the interim order dated o2.o9.2014 in w.P.M.P.No.2806o of 2ot4 in W.P.No.22373 of 2O14, directing the respondents-police not to interfere with thc civil disputes. However, it is needless to mention that respondent:;-police shall take all necessary steps to conduct investigatio e in the complaint already filed or that may be filed against the petitioner, strictly in accordance with law. There shall be no order as to costs.

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As a sequel, pending miscellaneous applications, if any, shall

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stand closel.

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SD/.P.C.^{SULEKHA DEVI} NSSTSTAUT^REGISTRAR //TRUE^COPY,/ e-SECTION^OFFICER

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To,

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