Telangana High Court
M.Sudarshan vs The State Of Telangana on 3 February, 2025
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.2958 OF 2025
ORDER:
The writ petition is filed seeking following relief:
"...to issue an appropriate writ, order or direction particularly
in the nature of a Writ of Mandamus, declaring the actions of
Respondent No.3 in interfering with the Petitioner and
petitioners son peaceful life and liberty detaining the
Petitioners son and attempting to influence the settlement of the
civil dispute vide O.S.No.296 of 2021 on the file of the VII
Junior Civil Judge, City Civil Court, Hyderabad. Being
aggrieved by the judgment and decree the petitioner has filed
an appeal vide A.S.No.108/2023 on the file of the XXV
Additional Chief Judge City Civil Court Hyderabad as illegal,
arbitrary, unconstitutional and violative of Articles 14, 15, 21
and 300A of the Constitution of India Further direct
Respondent No.3 not to pressure the Petitioner into settling the
matter with the 4th Respondent and pass..."
2. It is stated that there are disputes between the petitioner and
respondent No.4, who instituted a suit in O.S. No.296 of 2021 before
the learned VII Junior Civil Judge, City Civil Court, Hyderabad (for
short 'Trial Court') and the said suit was dismissed by the judgment
and decree dated 03.04.2023. Being aggrieved by the said judgment,
respondent No.4 preferred an appeal before the learned Chief Judge,
City Civil Court, Hyderabad, (for short, 'Appellate Court') in A.S.
No.108 of 2023 and the same is pending adjudication. Grievance of
the petitioner is that pending adjudication of A.S. No.108 of 2023, at
the instance of respondent No.4, respondent No.3 is interfering in the
civil disputes and forcing him to enter a compromise/settlement with
respondent No.4 as per the terms dictated by him.
3. Learned Assistant Government Pleader for Home, on
instructions, would submit that on the complaint lodged by son of
respondent No.4, a case in Crime No.27 of 2025 dated 31.01.2025
was registered with Hussaini Alam Police Station for the offences
under Sections 329(4), 324(4) and 351(2) of the Bharatiya Nyaya
Sanhita 2023 (BNS) and for the purpose of investigation, petitioner
was summoned to the Police Station only for the purpose of
investigation and respondent No.3 is not interfering in the civil
disputes between the petitioner and respondent No.4.
4. Learned counsel for the petitioner submitted that respondent
No.3 in violation of the procedure contemplated under Section 35(3)
of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) and guidelines
issued by the Hon'ble Apex Court in Arnesh Kumar v. State of
Bihar 1are trying to arrest the petitioner.
2014(8) SCC 273
5. In view of the above submissions, this Court deems it
appropriate to dispose of the writ petition, directing respondent No.3
- the Station House Officer, Hussaini Alam Police Station, to follow
the procedure contemplated under Section 35(3) of BNSS and
guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's
case (supra 1) while conducting investigation in Crime No.27 of 2025
and further respondent No.3 is directed not to interfere in the civil
disputes between the petitioner and respondent No.4, pending
adjudication of A.S. No.108 of 2023, in any manner.
6. With the above observations, this writ petition is disposed of.
There shall by no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in
the writ petition, shall stand closed.
_________________________
C.V. BHASKAR REDDY, J
February 03, 2025.
MS
