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Shahzoor Ali Siddiqui v. The State of Telangana

Telangana HC11 Sept 2025WP/27195/2025

Case brief

AI extract

What is this about?

Telangana High Court; WRIT PETITION No.27195 of 2025; Justice N. Tukaramji; writ of mandamus; Article 226; Article 21 life and personal liberty; police harassment; Task Force South West Zone; FIR No.245/2025 dated 02-09-2025; Mehdipatnam Police Station; Section 41(A) Cr.P.C. notice; Section 151 CPC interim application; political influence of private respondent; Firasat Khan; restrain police from implicating petitioner; disposed of without costs.

What did the court decide?

Direction to respondent/police authorities, particularly respondent Nos. 3 and 4, to refrain from interfering with the petitioner's right to life and personal liberty save and except in strict accordance with law; petition disposed of with no order as to costs; pending miscellaneous petitions closed. ¶49

Shahzoor Ali Siddiqui 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 respondent Nos. 3, 4 and 5 (Addl. Deputy Commissioner of Police, Task Force South West Zone; Sub-Inspector; Task Force Inspector) in implicating the petitioner in FIR No.245/2025 (dt.02-09-2025), dealt with by respondent No.6, at the behest of respondent No.8, is a colourable exercise of / ultra vires statutory powers, arbitrary, illegal and high-handed, and whether directions should issue restraining them from implicating the petitioner.

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Court's answer

Having regard to the rival submissions and the petitioner's assertions, and in view of the constitutional guarantee to life and personal liberty under Article 21 of the Constitution of India, the Court deemed it appropriate to direct respondent/police authorities, particularly respondent Nos. 3 and 4, to refrain from interfering with the petitioner's right to life and personal liberty, save and except in strict accordance with law.

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Detailed headnote1 paragraphs

Writ of Mandamus / Article 21 - Restraint on police interference. Shahzoor Ali Siddiqui filed W.P. No.27195 of 2025 under Article 226 alleging that respondent Nos. 3, 4 and 5 (Addl. Deputy Commissioner of Police, Task Force South West Zone; Sub-Inspector Sharath; Task Force Inspector Shantosh) were implicating him in FIR No.245/2025 dt.02-09-2025 - a crime dealt with by respondent No.6, SHO Mehdipatnam Police Station - at the behest of respondent No.8 (Firasat Khan), despite a notice under Section 41(A) Cr.P.C., calling the conduct a colourable exercise of statutory power, ultra vires, arbitrary and high-handed, and sought directions not to implicate him. The State (AGP for Home) contended no such action had been taken and the allegations were unfounded. N. Tukaramji, J., held that, in view of the Article 21 guarantee to life and personal liberty, respondent/police authorities, particularly respondent Nos. 3 and 4, must refrain from interfering with the petitioner's right to life and personal liberty save and except in strict accordance with law; the petition was disposed of without costs and pending miscellaneous petitions were closed.

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13217 |

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HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD}

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(Special Original Jurisdiction)

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THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO: 27195 OF 2025

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Between:

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Shahzoor Ali Siddiqui, S/o.Shoukath Ali^{Siddiqui,Aged about 48 years,Occ} Business, Fl/o. H. No.10-3-557, Vijaynagar Colony,^{Hyderabad-S7-TG}

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary,^{Home Department,} Secretariat Buildings, At Hyderabad

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2 The Commissroner of Police, Banjara Hills, Hyderabad-TG

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J The Addl. Deputy, Commissioner of Police, Task Force,^{South West Zone,} Hyderabad-TG

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4 Mr.Sharath, Sub lnspector of Police, South West Task^{Force, Hyderabad} E Mr.Shantosh, Task Force lnspector South West^{Task Force, Hyderabad}

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6 The Station House Officer, t,4ehdipatnam Police Station,^{Ntehdipatnam,} Hyderabad

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The Station House Officer, Banjara Hills Police Station,^{BanjaraHills,} Hyderabad-TG

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t\rlr.Firasat Khan, S/o.Fararhullah Aged about^{32 years, Occ. Business,} Fi/o.H. No.B-1 -3 46 l2l A, Sabaza Colony, Shaikpet, Tolichowki,^Hyderabad

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...RESPONDENTS

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Petition under Article 226 ol the Constitution^{of lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Court may be} pleased to issue a Writ, Order or Direction more^particularly one in the^{nature of} Writ of lrlandamus by declaring the action of^{the OfficialRespondents more} particularly the Respondent No.3, 4 and 5 who is implicating the^{Petitioner by} giving colourable exercise and ultravires to^his statutory^{powers by sending his} Task Force Team into the crime^{in FIR No.24512025dl.O2-O9-2025whichis being}

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dealt by the Res:ondent^{No.6who is looking after Lawand order at the behestof} the political influence^{of the RespondentNo.B as arbitrary, ex-facieillegal,} highhanded anc^{dereliction of duty and consequentlymay directthe official} Respondents more^{particularly the Respondent Nos-3, 4 and 5 not to implicate} the Petitioner in:luding^{not to sendhis Task Force Team into the crime in FIR} No.245t2025 dt.)2-Og-2025^{which is being dealt by the Respondent No.6 who is} looking after Law^{and order at the behest of the politicalinfluenceof the} Respondent No.3, in the^{lnterestof Justice}

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lA NO: 1 OF 2025

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Petition u rder section^{151 CPC praying that in the circumstances statedin} the affidavit filed in^{support of the petition,the High court may be pleased} pleased to direct the official^{Respondentsmore particularlythe Respondent} Nos.3, 4 & 5 not to^{implicatethe Petitioner includingnot to send his Task Force} Team into the crime^{in FIR No.245t2025 dl.O2-09-2025whichis being dealt by} the Respondenl No.6^{who is looking after Law and order at the behest of the} political influenr;e of the Respondent^{No.8, in the lnterest of Justice,pending} disposal of the rrain^{Writ Petition.}

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Counsel for the l'etitioner^{: SRI NAZIRAHMED KHAN}

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Counsel for Resl)ondents^{No.1to7 :SRl G.ANIKETH REDDY,AGP FORHOME}

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Counsel for Resl)ondents^{No.8 :}

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The Court made^the following:^ORDER

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THE HONOURABLE^{SRI JUSTICEN.TUKARAMJI}

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WRIT PETITION No.27195 OF²⁰²⁵

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ORDER:

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This Writ Petition is hled^{under Article 226 of} C-orstitution of India^{seeking the following reliefls:-}

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"... to issue a Writ, Order or Direction more^{panicularly one in the nature} of Writ of lvhndamus^{by declaringthe action of the OfficialRespondents} more panicularly the^{RespondeniNo.3,4 and 5} 'l4ro^{is implicatingthe} Petitioner by g"i"g colourable^{exercise and uhavires to hissurutory} powes by s*d;g his Task^{Force Team into the crime in FIR} No.245/ 2025 dt.o2-bg-2025^{which is being dealt by the RespondentNo.6} *'ho is looking after Law and Gder^{at the behestof the poJftical inlluence} of the fuspondent No.8 as^{artritnryex-facieillegal- highhandedand} dereliction of d.rty "t d^{consequently maydirect the Official Respondents} more panicularly'the^{Respondent Nos'J,4 and5 not to implicate lhc} Petitioner including^{not to} iend^{his Task Force Teamintothe crime in FIR} No.245/ 2025 dt.Oi-og-zozs^{which is being:dealt by the RespondentNo.6} who is looking afrcr^{Law and Orderat the behestof the politicalinlluence} of the Respondent^{No.S,in the InterestofJustice...... ."} l

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Fleard Mr.Nazir^{Ahmed Khan,leamed counsel for the}

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petitioner and Mr.CAniketh^{Reddy, leamed fusistantGovemment}

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Pleader for Home appearing^{for respondent Nos.1 to 4.}

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Leamed counsel for the^{petitioner submfus that} respondent/police^{authorities,panicularlyrespondentNos' 3, 4,} and 5, have implicated^the Petitioner^{in FIR No. 245 of 2B51.'}

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despite issuance of a notice under Section a1(A) G.p.C It is furrher alteged that, under the influence of the unofficial respondenr,/ respondent No. g, the police authorities are acting in a high-handed manner and causing harassment to the petitioner. On that basis, the petitioner seels appropriate directions restraining such conduct.

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karned Assistant Govemment pleader for Home, however, submits thar no such action has been talien byrespondent Nos. 3, 4, and 5, rrnd that the allegations made by the petitioner are unfounded. Accordingly, it ,s pofd that the petition be dismissed.

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5 I have carefullyperused the materials availabie bn record.

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Fl"rorg regard to the rival submissions and the petitionert assertions, and in view of the constitutional guarantee to life and personal libe rry,nder Anicle 2r of the corstitution of India, this court deems it appropriate to direcr respondent/porice authorities, particularly respondent Nos. 3 and 4, to refrain f'rom interfering

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/.)

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with the petitioner's^right to^{life and personalliberty, save and}

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except in strict accordance with^law.

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