Telangana High Court
WP/16943/2026 of Kadigary Niraja Vs The State of Telangana on 29 May 2026
Between: lN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHIRAO WRIT PETITION NO : 16943 OF 2026 ...PETITIONERS AND 1 2 Kadigary Niraja, Wo
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Between:
lN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHIRAO
WRIT PETITION NO: 16943 OF 2026
...PETITIONERS
AND
Kadigary Niraja, Wo Kadirgary Narsimha Reddy, Aged about 4.1 years, Occ Business, R/o H.No.3-95, Manchirevula, Gandipet Mandal, Ranga Reddy District.
Kadigary Anshitha, D/o Kadigary Narsimha Reddy, Aged about 17 years, Occ Student, R/o H.No.3-95, Manchirevula, Gandipet Mandal, Ranga Reddy District. Rep. by her mother natural guardian Kadigary Nirala Wo Kadirgary Narsimha Reddy, Aged about 41 years, Occ Business, R/o H.No.3-95, Manchirevula, Gandipet Mandal, Ranga Reddy District.
1. The State of Telangana, Rep by its Principal Secretary, Department of Home, Secretariat, Hyderabad.
2. The Station House Officer, Banjara Hills Police Station.
3. Kadirgary Narsimha Reddy, S/o Late K. Narayan ReddyAged about 55 years, Occ Business R/o H.No.3-95, Manchirevula, Gandipet Mandal, Ranga Reddy District.
...RESPONDENTS
Petition under Article 226 ot the 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 Respondent No. 2 in harassing, threatening, summoning to Police station and illegally interfering with the life and liberty of the Petitioners, without there being any complaint as against the petitioners as illegal, arbitrary, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of lndia and consequently, direct the Respondents No.2 not to harass, threaten and summon the Petitioners without following due process of law.
l.A. NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.2 not to harass, threaten and summon the Petitioners without following due process of law, pending disposar of the present writ.
Counsel for the Petitioners: Ms. L.VANI
Counsel for the Respondent Nos.l & 2: AGp FOR HOME
Counsel for the Respondent No.3: -
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAI)
THE HONOU
LE
RI JUSTICE SUDDALA C
LAPATHI RAO
S
WRIT PETITION No.16943 of 2026
29th MAY,2026
Between:
Kadigary Niraja and another
...Petitioners
and
The State of Telangana, rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad and 2 others.
...Respondents
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ORDER
The present Writ Petition is filed seeking the following relief: "...to i:;sua un uppropriutc v'rit. orcler or dircc'tion. more particularly one in the nature ol'Writ o/ Mandumus declaring the action oJ' respondent No.2 in hurassing, threatening, summoning to Poltce Station and illegally, interfering with the life and liberty of the petitioners, without there being any complaint as against the petitioners as illegal, arbitrary, unconstitutional and violative of Articles 14, l9 and 2l of the Constitution of India and consequently, direct the respondent No.2 not to harass, threaten and summon the petitioners without following due process of law and pass such other order(s) as this Court deem fit and proper in the interest of justice. Heard Ms.L.Vani, learned counsel for the petitioners and learned Assistant Government Pleader fbr Ilonrc appearing for respondent Nos.l and 2. Perused the record
2.
3. Learned counsel for the petitioners contended that a civil dispute existed between the petitioners and respondent No.3 and that the respondent-police has no authority to interfere in civil disputes unless directed by a competent Court. It is further contended that the respondent- police are highhandedly harassing, threatening and summoning the petitioners to the Police Station despite there being no complaint against the petitioners
4. Per contra, the learned Assistant Government Pleader for Honte submitted that a complaint has been received from respondent No.3 and that the petitioner is being summoned only for the purpose of investigation and the police authorities are not interfbring with the civil rights of the petitioner
5. Taking into consideration of the rival submissions and without expressing any opinion on the merits of the case, this Court deemed it appropriate to direct the petitioners to appear before the Investigating Officer on or before 28.06.2026 between I l:00 a.m. and 05:00 p.m. The Investigating Of,flcer is further directed to strictly follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (previously Section 4l-A of the Code of Criminal Procedure, J 1973) as well as the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihart .
6. This Court further directs that the petitioners shall cooperate with the Investigating Officer by furnishing infbnnation and producing all relevant documents/material required for the purpose of investigation. The Investigating Officer is directed to consider the same and complete the investigation strictly in accordance with law.
7. Accordingly, the Writ Petition was disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. 1 (201418 SCC 273 SD/.A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPYII To
PSK. BS
SECTION OFFICER . The Principal secretary, Department of Home, secretariat, Hyderabad, state of Telangana. . The station House officer, Banjara Hiils porice station. . One CC to Ms. L.VANI, Advocaie [OpUC] ' Two ccs to GP_ FoR HOME, Hign court for the state of rerangana, at . Two CD Copies
, i \
( HIGH COURT DATED: 29t0StZO26
ORDER
WP.No.16943 of 2026 ,TL VACATTON COURT 1 HE5 t o 0 6 Jlrll \4 ') o. \.*.'*t.-l..kg-- 9Jli iri ,ol/' :;r-1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.