Telangana High Court
Ahesan Ahmed, vs The State Of Telangana, on 18 September, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.28195 of 2025
ORDER:
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for
respondent Nos.1 to 5. With the consent of the parties, this writ
petition is being taken up for disposal at the admission stage
itself. Notice to respondent Nos.6 to 15 is hereby dispensed with.
2. This writ petition has been filed seeking the following
prayer:-
"...declaring the action of Respondents more
particularly Respondent No.5 neither arresting
Respondent Nos.6 to 15 pursuant to FIR No.277/2025
under Sections 329, 308, 330, 331(7) of BNS Act nor
proceeding further after lapse of 10 days as it being
illegal, arbitrary, unjust and also in violation of
Principles of Natural Justice and consequently direct
the Respondent No.5 to arrest the Respondent Nos.6 to
15 forthwith pursuant to FIR No.277/2025 by
proceeding with further investigation..."
3. The facts of the case in brief as stated are that originally
petitioner's mother-in-law was the owner of house bearing no.2-
4-665/42 admeasuring 50 sq.yds,. at Kachiguda, Hyderabad
(subject property) purchased by way of notarized agreement of
absolute sale dated 21.07.2007 from its previous owner
A.L.Ramulu for valid sale consideration. It is submitted that
petitioner's mother-in-law died on 12.05.2015 leaving behind
petitioner's wife, her brothers and sisters. Thereafter, the
brothers and sisters of petitioner's wife executed release deed
dated 24.11.2016 in favour of petitioner's wife by releasing their
shares, as such petitioner's wife became owner of the subject
property. Thereafter, when the petitioners tried to renovate the
subject property in the month of January, 2017, respondent
Nos.6 to 9, who are in no way concerned with the subject
property, tried to interfere with the peaceful possession of the
petitioners. Accordingly, wife of petitioner No.1 filed a suit in
O.S.904/2017 on the file of XXII Junior Civil Judge, City Civil
Court against respondent Nos.6 to 9 for perpetual injunction, the
trial Court has allowed the said suit in favour of petitioner's wife
restraining respondent Nos.6 to 9 from entering into the subject
property. During the pendency of said suit, petitioner's wife died.
Respondent No.6 and his wife filed another suit in
O.S.No.682/2018 on the file of X Junior Civil Judge, City Civil,
Hyderabad against petitioner's wife in respect of part of subject
property.
3.1. It is further submitted that respondent Nos.6 to 15
were continuously interfering with the peaceful possession and
has also filed false complaint in Cr.No.188/2025. Questioning
the same, the petitioners filed W.P.No.15381/2025 and this
Court disposed of the said writ petition directing respondent
authorities to follow Section 41-A Cr.P.C. It is further submitted
that due to continuous interference from unofficial respondent
Nos.6 to 15, petitioner No.2 herein lodged a complaint dated
21.05.2025 before respondent No.5 narrating all the said facts
and requested for providing police protection, however,
respondent No.5 did not receive the complaint stating that the
matter is civil in nature. Under such circumstances, petitioners
sent the complaint through RPAD to respondent Nos.2 to 4.
Apart from taking action, respondent No.5 started colluding with
unofficial respondents and started harassing and threatening the
petitioners.
4. In those circumstances, being left with no other option,
petitioner filed a private complaint before IV Addl.Chief
Metropolitan Magistrate, City Criminal Courts, Hyderabad,
Nampally. Thereafter, IV Addl.Chief Judge referred the matter to
respondent No.5, who inturn failed to lodge complaint against
respondent Nos.6 to 15 even after lapse of 15 days. Taking
advantage of non-registering the FIR, respondent Nos.6 to 15 are
threatening the petitioners to withdraw the complaint else they
will see the end of the petitioners. Finally, respondent No.5
registered FIR No.277/2025 under Sections 329, 308, 330,
331(7) of BNS Act on 13.08.2025. The main grievance of the
petitioners is that except registering FIR against respondent
Nos.6 to 15, respondent No.5 is not taking any action against
them and that respondent Nos.6 to 15 are still continuing
threatening the petitioners. Questioning the said inaction of
respondent No.5, the present writ petition is filed.
5. The Sub-Inspector of Police, Kachiguda Police Station
has placed a copy of instructions through learned Assistant
Government Pleader for Home based on the private complaint of
the petitioners, respondent Police registered FIR No.277/2025
and during the investigation, the Sub-Inspector of Police
examined the petitioners and recorded their statements and
visited the scene of offence and prepared crime details and
issued a notice under Section 94/179 BNSS to the petitioners on
23.08.2025 to produce witnesses and also documentary evidence
for proper investigation. Petitioners, accordingly approached
respondent Police and submitted copies of judgment and decree
in OS.No.905/2017 dated 28.02.2025 and also Lok Adalat
Award in LAC.No.584/2018 in O.S.No.682/2018, however, the
said documents are not related to the subject crime. Thereafter,
the Investigating Officer again requested the petitioners to
produce proper documents. The petitioner came to Police Station
on 16.09.2025 but did not produce any documents and informed
that he will produce the same within a couple of days. It is
submitted that the Investigating Officer is ready to complete the
investigation as and when the petitioner produces the relevant
documents in support of his version.
6. At this, learned counsel for the petitioner submits that
petitioner would take appropriate steps in furnishing the
required documents and witnesses for the purpose of
investigation.
7. In that view of the matter, this writ petition is disposed
of with a direction to respondent authorities to consider the
documents produced by the petitioner and take up further
investigation strictly in accordance to law, as and when the
petitioners produces the same.
Miscellaneous applications, if any pending, shall stand
closed. No order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date:18.09.2025
Note: Issue C.C. in two days.
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