THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.32539 of 2025 This writ petition is filed seeking the following prayer:

“…declaring the action of the respondents in taking the petitioner into illegal custody and harassing the petitioner for 6 hours and confiscating two mobile phones i.e., Apple I phone 15 and Oppo Phone as per se illegal and arbitrary and direct the investigating agency to upfront return the two mobile phones i.e., Apple I phone 15 and Oppo Phone to the petitioner and direct the respondent to not to harass the petitioner…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal.

3. The facts of the case in brief as stated are that when the petitioner was leaving from Nilofer Cafe at 5.30 PM, one unknown person claiming to be Inspector of Hussainialam Police Station sat on the back seat of the stating that a complaint has been registered against interrogation. The petitioner was abused in filthy language stating that he has taken 71 gms., of gold from one Tohidul Islam, who is a gold merchant and in the event petitioner does not admit the same, false cases will be foisted against him. It is submitted after 6 hours of continuous interrogation, petitioner was allowed to leave and that the Investigating Officer grabbed the petitioner’s two mobile phones. Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Hussainialam Police Station, Hyderabad has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that one Mr.Thoidul Islam lodged a complaint before respondent No.2 on 22.10.2025 stating that the complainant is working with the petitioner and petitioner is not paying the salary to the complainant. It is further submitted that, in total petitioner has to pay an amount of Rs.1,56,000/- along with 71.970 mg. of gold. Basing on the said complaint, respondent Police made petition entry and during the course of enquiry, petitioner visited police station and stated that he is having appointment with Doctor and left the Police Station. While leaving the Police Station petitioner forgot his mobile phones, and instead of approaching Police Station and collecting the same, petitioner filed the present writ petition. It is further submitted that respondent No.2 did not seize/confiscate the petitioner’s mobile phones and is ready to handover the same to petitioner as and when he appears.

5. Recording the submissions of learned counsel on either side, this writ petition is disposed of with a direction to respondent authorities to handover mobile phones of the petitioner as and when petitioner approaches and shall follow due procedure as contemplated under law for further course of action. Needless to state that petitioner shall cooperate with the enquiry.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

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N.V.SHRAVAN KUMAR, J

03.11.2025 MRM