M. Hanumantha Sravan vs State Of Telangana

This writ petition is filed praying this Court to declare the action of respondent No.3 in summoning the petitioners to the police inspite of giving explanation to the notice issued under Section 41-A of Cr.P.C. in Crime No.119 of 2023, as illegal and arbitrary.

The case of the petitioners is that respondent No.5 entered into a lease agreement with the petitioners, dated 13.04.2022 for the Flat Nos.504, 505 and 506 admeasuring 1225 square feet, terrace and rooms located in Chandralok Complex, Paradise, Secunderabad. As per the terms and conditions of the lease agreement, dated 13.04.2022, the lease period is for five years and respondent No.5 has to pay Rs.17,000/- per month towards rent and maintenance etc. and the rent is to be enhanced at 10% of the agreed rent for the first year and thereafter 12%. There are disputes between the petitioners and respondent No.5, which necessiated the petitioners to file a suit vide O.S.No.662 of 2023 on the file of the Junior Civil Judge, City Civil Court, Secunderabad. During the pendency of the said suit, respondent No.4 filed W.P.No.16518 of 2023 before this Court. Thereafter, the respondents-police, acting upon the complaint submitted by respondent No.5, registered a case in Crime No.119 of 2023 and issued a notice as required under Section 41-A of Cr.P.C. It is the further case of the petitioners that soon after receipt of the said notice they have submitted an explanation stating all the relevant facts. The grievance of the petitioners is that even after registration of the crime, submission of the explanation and during the pendency of O.S.No.662 of 2023, at the instance of respondent Nos.4 to 6, respondent No.3 is frequently summoning them to the police station, forcing them to enter into a settlement as per the terms dictated by them.

Learned counsel for the petitioners has vehemently argued that respondent No.3 is not having any power or authority to intervene into the civil disputes pending adjudication of O.S.No.662 of 2023 on the file of the Junior Civil Judge, City Civil Court, Secunderabad and the action of respondent No.3 in interfering into the civil disputes or summoning the petitioners to the police station, confining them for hours together and forcing them to enter into a settlement amounts to violation of the rights guaranteed under Articles 19 (1) (g) and 21 of the Constitution of India and respondent No.3 is not only liable for prosecution and also liable for payment of compensation for his illegal interference in the civil disputes/civil rights of the petitioners.

Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 has submitted that acting on the complaint submitted by respondent No.6 a case in Crime No.119 of 2023 was registered against the petitioners and a notice as required under Section 41-A of Cr.P.C. was issued and the police never interfered with the civil rights of the petitioners in any manner.

In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing respondent No.3 not to interfere with the civil disputes pending between the petitioners and respondent Nos.4 to 6 in any manner, except in accordance with law. If the presence of the petitioners is required in any case other than the case registered against them, respondent No.3 is directed to follow the procedure contemplated under Section 41-A of Cr.P.C. and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.

With the above observations, this Writ Petition is disposed of. No costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.