Smt. Mala Asthana v. The State Of Telangana,

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Writ Petition No.1258 of 2017 ORDER :

Heard the learned counsel for the petitioners and the learned Govt. Pleader for Home representing the respondents 1 to 3 and perused the prayer in the writ petition with the supporting affidavit and counter affidavit of the R.3 and R.4 not served and also perused the material on record. There is undisputedly an order of injunction in favour of the petitioner in I.A.No.146 of 2016 in O.S.No.135 of 2016 granted by the V Senior Civil Judge, City Civil Court, Hyderabad on 07.12.2016. Once such is the case, the petitioners are entitled to move an application before the very trial Court to grant police aid u/ sec.151CPC rather than filing writ petition and once any such petition is filed, the Court has to consider the same as expeditiously as possible.

Having regard, to the above, the Writ Petition is disposed of giving liberty to the petitioners to file any petition for police aid before trial Court and the trial Court to hear both the parties and pass appropriate orders within one month after filing of such petition on own merits including if necessary by showing the R.3 as pro forma party to that application. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:16.04.2018 vvr