Madaragoni Prasad Vs State of Telangana

The Director General of Police, For the State of Telangana, Telangana State Police Headquarters, Lakdikapul Rd, Opp. Ravindra Bharathi, Ambedkar Colony, Lakdikapul, Hyderabad.

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3 Ihe Superintendent of Police, S.P. Office, Nalgonda

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fhe Deputy Superintendent of Police, Naglondla

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' 5. The Circle lnspector, Marriguda Police Station P.S., Nalgonda.

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The Sub lnspector of Police, Marriguda P.S., Nalgonda Dist.

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' 7. Upparagoni Yadaiah, S/o.Yellaiah Aged about 49 years Occ: Dish owner Chandur village and Mandal Nalgonda District.

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lpparag.oni Yadamma, Wo.Yadaiah Aged about 39 years Occ: Tailor R/o.Chandur village and Mandal Nalgonda District.

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in harassing the petitioner by calling every day to the police station Marriguda and forced him to pay the money of RS.8,80,000/- (Rupees eight Lakhs eighty thousand only) immediately as illegal, arbitrary, unjust, unfair, contrary to law, against the principles of natural justice and violation of Articte 14 and 21 of the Constitution of lndia and:. consequently direct the respondents not to harass the petitioner either by calling him to the PoJice Station or threatening him and his family members in any manner, in the interest of justice.

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lA NO: 1 OF 2025

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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

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the respondents not to harass the petitioner either by calling him to the police Station or threatening him and his family members in any manner until disposal of the above Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI DR. KADIRI KRTSHNAIAH Counsel for the Respondent No. I to 6: SRI M. SRINIVAS, AGp FOR HOME Counsel for the Respondent No. 7 to 8: --

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The Court made the following: ORDER

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!/, THE HONOURABLE SRI IUSTICE N.V.SHRAVAN I(UMAR

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WRIT PETITION No.25789 of 2025

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OI(DER:

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l{eard learned cclunsel for the petitioner anc'l Sri.M.Srinivas, Iearned Assistant Covc.rnment Pleader for I{ome appcaring for respondent Nos.1 to 6. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

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'fhis writ petition has been filed seeking, thc follor,r,ing praver:-

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"lo tleclre tlrc nclion of tlrc resportdenls ht lttr,rcstng tlrc pelitiotutr bry cnlling euery day to tlw police station, Mn'rrigtdt and.fitrced htru to pny tlrc noney of Rs.8,80,000/- (Rupees eight Lnklrc eighty tlnusnntl onlry) tnrrnediilely ns illegal, arbitrary, uttiust, urtiiir, contrarry to laro, ngninst the principles of nnturul justice and uiolntion o.f Article r4 nnd 2i of tlw C.onstittttion o.f lndin and conset1uentlry tliratt tlttt respondt:rts rtot lo lmrrtss tlrc petilitrtter either hy calling liru to the Police Sttttion or thrcntentng him and his family rnenbers in itrty ti(mner in tha interest of' justice..."

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Brief facts stateti in this writ pt:tition are that petitioner is running poultry farrrt busiuess ancl the respondent Nos.7 ancl 8, approacl'recl thc peiitioner and borrowed an amount of Rs.2,20,000/-stating tl"rat there lancl lras been acquired by the l..and Acquisition Authority ior the purposc of Shivannagudem Reservoir and once they re6elve the compensation for the said land they will return the money. T'he case of the petitioner is that responclent Nos.7 ancl 8 instead of returning the said amount, maclc a complaint against the petitioner with false alleg.,ation ancl the respondcnt autlr<rrities without proper verification registerec{ FIR No.109 of 2025.

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I'hereafter, responcient authorities issued notice uncler Sectiorr 35(3) .I Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred as 'BNSS,) and the petitioner l'r.rd also sent explanation to the saicl notice. Further case of thc pctitiotrer is that resP6trtlcnt authoritres are harassing tlie pertitiorre.r b' cailirrg hirn to the police station every day and forcing him to pay an amount of Rs.8,80,000/- irnmediately. Aggrieved by the same, this writ petitiorr is filed

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Learnec-l Assistant Government pleader for Home appeari.g for respondent Nos.1 to 6 placed c;n record instructions issued by Sub-lnspcctor of Police, Marrigucla l)olice Station, Nalgoncla District, wherein it is stateci tlrat on 31'07.2025, resPsnllpnt No.7 made a complaint stating that his land tcr an extent oi r\c.2.00 gts, situated at Srivasavada Village, Taldoor Marrdal, Nagarkurnool District, was acquired for the purpose of construction of Shivannagudetn Rescrvoir and the petitioner assuring that he woulcl take respo^sibilit' f.r sccuri.g the R&R package/compensation from tl.re authorities, hacl iakerr an arnount of Rs.2,2( ),000/ -from respondent Nos.7 and 8' It is also st.rtecl that the petitioner with the samc assurance had takeu atnount from otht'r'r'illagt's. Flor.r,ever, till clate petitioner had 1ot returnerd thc rnone)/. Upor"r the szric{ cornplaint, IrlR No.109 of 2025 under Section 31g(4), 351 (2) cf BNSS datecl 30.07.2025 n'as registered against the petitioner. Thereafter, trotice under section 35(3) of IINSS was issuecl and the petitioner had submitteci the L'xfrlanation. It is further stateti that the case is uncler investigation for examining some lnore v.iitnesses and collection of evic.lence.

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/^{- 5.} Learned Assistant Government^{Pleaderon instructionssubmits that} responc{ent No.6 clicl^r-rot called^{the petitionerto the police station, hence the} question of harassing the petitioner cloes not^{arise. [t is further submittecl that} the responclent Ncl.5^is only^{discharginghis dutiesand is not harassingthe} petitioner.

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Recording the submissions made by^{learned counselappearing on} either sicie ancl without^{expressingany opinion on the merits of the cascthis} writ petition is disposed of directing^{the respondentauthorities to follor,r'due} procr:clure as contemplated under^{law before initiating any action on} petitioner. [t is made clear that the^{petitioner shall co-operatewiththe} pencling investigation with^{regardto FIR No.109 of 2025.}

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With the aborre direction, this writ petition TS disposecl oI

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Miscellaneous applications, if any pending,^{shall stand closed. No order as tc.r}

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costs.

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Sd/-U.SUDHA ASSISTAI.IT REGISTRAR

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//TRUE COPY//

SECTION OFFICER

To, 1. The Principal Secretary,^{HomeDepartment, Secretariat, State of Telangana'} Hyderabad, T.G.

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TG-DiieCtdr Ceneral^{of Police, For the State of Telangana,.Telangana State} idri"E riJiiqdi;;;:^{taroikiputRd, opp. Ravindra Bharathi,Ambedkar} Colony, LakdikaPut,^HYderabad. -

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a. in J Slbeii^{ntendent of Police,-S-.} E'^{offlge, Nalgond a}

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+. fne De'puty Superintendent^{of Police, Naglonda}

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s: iH; cii[reinspA;i;:^{ffi;igrdg potic'eStitionP's', Nalsonda'} o. fne SuO inspectoi^{o? poticE'} [r49l19yda^{P-S.,-Nalgonda.Dist'} 1. OnL -CC to Snl On. Xnotni XntSFtrualAH, Advocate [O_P_UC1 -^. .- b: iwo ccs to GPEoA^{tioMt'Hishcourtf6r the State-ofrelangana'tourl} 9. Two CD Copies

rvrMr P e ,,

PMK

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HIGH COURT

DATED i0110912025