Sri Guduru Balaji Rao v. The State Of Telangana.
[ 32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 26458 OF 2023 Between:
'l . Sri Guduru Balaji Rao, Sio Guduru Ramakrishna Rao, Aged about 33 years, Occ. Private Employee, Rl/o H.No.1-1-6221143P & 144NP,Ground Floor, Road No.6, CTO Colony, Mohan Nagar Kothapet, Hyderabad- 500035.
2. Guduru Laxmipathi, S/o Late Guduru Ramakrishna, Age. 60 years, Occ. Business, R/o H.No.18-12lA, Mallela Vari Street, Jawaharpet, Akuvidu Post, West Godavari, Andhra Pradesh- 534235
3. Smt- Guduru Pullamma, W/o Late Guduru Ramakrishna, Aged about 75 years, Occ. Household, F|/o H.No.18-12/A, Mallela Vari Street, Jawaharpet, Akuvidu Post, West Godavari, Andhra Pradesh- 534235 ...PETITIONERS AND
1. The State of Telangana., Rep. by Principal Secretary, Home Department, Secretariat, Hyderabad.
2. The Commissioner of Police GHMC, CC Complex, Tank Bund Road, Lower Tank bund, Hyderabad- 500063.
3. The Station House Officer, Rajendranagar, Cyberabad, Ranga Reddy District, Telangana -500030.
4. Smt. Malladi tvlrudula, Wo Guduru Balaji Rao, Aged about 36 years, Occ. Advocate and Real Estate consultant, F/o. H.No. 3-4-185, Beside Santhosi Matha Enclave, Road No.8, Shiridi Sai Baba Colony, Banglaguda Jagir, Hyderabad, Telagana-500086 !
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T a .,.RESPONDENTS Petition under Article 226 of lhe 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 particular Respondent No.3 for the unauthorized interference in family matter and intentionally harassing the petitioner by calling him to the Police Station in the guise of settling the issues as illegal, arbitrary, violation of Article 14 and 21 of The Constitution of lndia and against the principles of natural justice and consequently
direct the respondents No.3 not to call the petitioners without following due process of law.
lA NO: 1 OF 2023 Petition under Section 1 5'l CPC praying that in the circumstances stated in I !
I the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the Respondent No. 3 not to insist on the presence of the petitioners herein without following due process of law, pending disposal of the t i main Writ petition.
Counsel for the Petitioners: SRI VOOSA RAGHU Counsel for the Respondent Nos.1 TO 3: GP FOR HOME Counsel forthe Respondent No.4: - The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION N0.26458 of 2o23 ORDER:
This writ petition is filed seeking the following relief:- ".. .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 particular respondent No'3 for the unauthorised interference in family matter and intentionally harassing the petitioner by calling him to the Police Station in the guise of settling the issued as illegal, arbitrary, violation of Articles 14 and 21 ol the Constitution of India and against the principles of natural justice'"" 2.
Petitioner No.l is the husband of respondent No.4. The marriage of petitioner No.l was performed with respondent No.4 on 22.06.2022 as per Hindu Rites and Customs. Soon after the marriage disputes arose between petitioners' family and respondent No.4 which lead to lodging of a complaint by respondent No.4 and acting on the complaint submitted by respondent No.4, the respondents-police have registered a case in Crime No.473 of 2023 for the offences punishable under Sections 498-A of
CVBR. J wp -264s8_2023 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 196l and after completing investigation a charge sheet also filed before the XI Additional Metropolitan Magistrate, Rajendra Nagar and the said Court also taken cognizance in C.C.No.l757 of 2O23 and the said case is pending for trial. 3.
Learned counsel for the petitioners has vehemently contended that, pending trial of the said case at the instance of respondent No.4, respondent No-3 is frequently summoning the petitioners to the police station eLnd forcing them to execute the documents to the satisfaction of respondent No.4 for parting the property which stands in the name of the petitioner. It is further submitted that the respondents-police are not having any po\rre r or authority to intervene into the civil disputes pending between the petitioners and respondent No.4 since they have already filed a charge sheet against the petitioners and tl-rey are not supposed to even summon the petitioners to the police station for any purpose.
4.
In view of the said submissions, this Courr deems it appropriate to dispose of the w,rit petition directing .--..,
CVBR, J wp 2645E 2023 respondent No.3 not to interfere with the matrimonial disputes pending between the petitioners and respondent No.4 in zrny manner and if the presence of the petitioners is required for any purpose, respondent No.3 shall follow due procedure in law.
5.
Accordingly, the Writ Petition is disposed of' There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
SD/. K. VENKAIAH ASSISTANT REG]STRAR //TRUE COPY// SECTIO FFlCER To 1.
The Principal Secretary, Home Department, Secretariat, Hyderabad, State of Telangana.
The Cbmmissioner of Police GHMC, CC Complex, Tank Bund Road, Lower Tank bund, Hyderabad- 500063.
The Station Hbuse Officer, Rajendranagar, Cyberabad, Ranga Reddy District, Telangana -500030.
One CC to SRI VOOSA RAGHU, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies 2.
3.
6.
PSK.
GJP &,4,
HIGH COURT DATED:2210912023 ,-a---:'r::.
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ORDER
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l) l, j WP.No.26458 of 2023 17 ocT2m t,l :, t.:.
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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