Telangana High Court
Cheela Maruthi vs State Of Telangana, on 24 July, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.21490 of 2025
ORDER:
Heard learned counsel for the petitioner, learned Government
Pleader for Home appearing for respondent Nos.1 to 4, and with the
consent of the learned counsel appearing for the parties, the Writ Petition
is taken up for hearing and disposal at the admission stage.
2. Having regard to the manner of disposal of the Writ Petition at the
admission stage and the nature of lis involved, this Court is of the view
that notice to unofficial respondent No.5 is not necessary for adjudication
of the present Writ Petition.
3. The case of the petitioner, in brief, is that, the 4th respondent is
calling the petitioner to the 4th respondent police station without there
being any complaint or registering any case against the petitioner herein,
and threatening to settle the dispute with the 5th respondent in relation to
sale transaction of buses owned by the petitioner, his wife and daughter,
which action of the respondents-authorities it is contended as illegal,
arbitrary and in violation of Articles 14 and 21 of the Constitution of India,
with a consequential direction to the respondents not to coerce the
petitioner to settle the dispute with the 5th respondent in relation to the
aforesaid transaction.
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4. Per contra, learned Government Pleader for Home appearing on
behalf of respondent Nos.1 to 4, while denying the writ averments, would
submit that multiple FIRs are registered against the petitioner since the
year 2020, wherein the authorities after conducting investigation have
filed a charge sheet.
5. Learned Government Pleader further submits that the
5th respondent herein had approached the respondents-authorities once
again and lodged a complaint, and since, the contents of the complaint
disclose commission of a cognizable office, the authorities have registered
a case, vide Crime No.356 of 2025 dt.14.07.2025 for the offences under
Sections 420, 409 and 506 of IPC, wherein the petitioner herein long with
his daughter are arrayed as accused Nos.1 and 2.
6. Learned Government Pleader would also submit that on the
4th respondent registering the aforesaid crime, intended to serve notice
under Section 41-A Cr.P.C./35(3) of BNSS to the petitioner and his
daughter; and that the petitioner and his daughter instead of receiving the
aforesaid notice sought to be served by the respondents-authorities and
cooperating with the investigation, have approached this Court by filing
the present Writ Petition making wild and baseless allegations.
7. Learned Government Pleader would also submit that if only the
petitioner and his daughter receive the notice under Section 41-A
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Cr.P.C./35(3) of BNSS sought to be served by the respondents-authorities
and furnish information/documents and cooperate with the investigation
into the aforesaid crime, the authorities would take further action by
investigating into the aforesaid crime in accordance with law.
8. The aforesaid submission made by the learned Government Pleader
for Home appearing for respondent Nos.1 to 4 is taken on record.
9. Having regard to the submissions made as above, and taking note
of the fact that a case, vide Crime No.356 of 2025 dt.14.07.2025 is
registered against the petitioner herein as well as his daughter, wherein it
is stated before this Court of the respondents-authorities intending to
serve notice under Section 41-A Cr.P.C./35(3) of BNSS, this Court is of the
view that the petitioner and his daughter are to be directed to receive the
aforesaid notices sought to be served by the respondents-authorities and
furnish the information/documents for the respondents-authorities to
undertake investigation into the aforesaid crime.
10. Further, this Court is of the view that on the respondents-
authorities serving the notice as noted hereinabove and the petitioner
furnishing information/documents in connection with Crime No.356 of
2025, the respondents-authorities are directed to take further action while
investigating into the aforesaid crime strictly in accordance with law.
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11. Subject to above directions, the Writ Petition is disposed of. No
order as to costs.
12. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed.
__________________
T. VINOD KUMAR, J
Date:24.07.2025
GJ
