ORDER

This writ petition is filed seeking the following relief:-

“…to issue writ, order, direction more particularly in the nature of writ of mandamus by declaring the action of respondent Nos.2 to 6 in forcing the petitioner to undergo potency test in respect of Crime No.324/2023 dated 23.12.2023 and insisting the petitioner to bare the travelling expenses of police personnel while apprehending the petitioner from Delhi Airport to the police station of respondent No.4 and also coercing the petitioner to settle disputes with respondent No.7 as illegal, arbitrary, unconstitutional and in violation of principles of natural justice and Articles 14, 19 and 21 of Indian Constitution and consequently direct respondent Nos.2 to 6 to not to interfere with life and liberty of the petitioner by forcing to settle with respondent No.

7 by way of paying compensation…”

2. The case of the petitioner is that he is the husband of respondent No.7 and their marriage was performed on 07.09.2023 in accordance with Hindu Rites and Customs. The grievance of the petitioner in this writ petition is that respondent Nos.2 to 6-police are insisting him to undergo potency test in Crime No.324 of 2023, which was registered basing on the complaint lodged by respondent No.7 for the offences under CVBR, J Wp_3750_2024 2 Sections 498-A and 417 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3. Ms.B.Padma, learned counsel appearing for respondent No.7 has vehemently contended that the marriage has not consummated and which necessiated respondent No.7 to file H.M.O.P.No.164 of 2023 on the file of the Senior Civil Judge, Miryalaguda, seeking dissolution of the marriage and the same is pending for adjudication. Learned counsel further submits that respondent No.7 also lodged a complaint and as the said complaint revealed commission of cognizable offence a case in Crime No.324 of 2023 was registered for the alleged offences under Sections 498-A and 417 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and the respondents-police also issued a notice as required under Section 41-A of Cr.P.C.

4. Learned counsel for the petitioner has submitted that since the matters have already been ceased by the competent Court and in the absence of any orders passed by the competent Court directing the petitioner to undergo potency test, the police are not having any power to force the petitioner to undergo potency test.

CVBR, J Wp_3750_2024

5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.2 to 6 not to interfere with the matrimonial disputes pending between the petitioner and respondent No.7 in H.M.O.P.No.164 of 2023 on the file of the Senior Civil Judge, Miryalaguda and not to insist the petitioner to undergo potency test in the absence of orders issued by the competent Court, except proceeding with the investigation in Crime No.324 of 2023, in accordance with law.

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

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

________________________________ JUSTICE C.V.BHASKAR REDDY 14.02.2024 gkv