THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28195 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. With the consent of the parties, this writ petition is being taken up for disposal at the admission stage itself. Notice to respondent Nos.6 to 15 is hereby dispensed with.

2. This writ petition has been filed seeking the following prayer:-

“…declaring the action of Respondents more particularly Respondent No.5 neither arresting Respondent Nos.6 to 15 pursuant to FIR No.277/2025 under Sections 329, 308, 330, 331(7) of BNS Act nor proceeding further after lapse of 10 days as it being illegal, arbitrary, unjust and also in violation of Principles of Natural Justice and consequently direct the Respondent No.5 to arrest the Respondent Nos.6 to 15 forthwith pursuant to FIR No.277/2025 by proceeding with further investigation...”

3. The facts of the case in brief as stated are that originally petitioner’s mother-in-law was the owner of house bearing no.2- 4-665/42 admeasuring 50 sq.yds,. at Kachiguda, Hyderabad (subject property) purchased by way of notarized agreement of absolute sale dated 21.07.2007 from its previous owner A.L.Ramulu for valid sale consideration. It is submitted that petitioner’s mother-in-law died on 12.05.2015 leaving behind petitioner’s wife, her brothers and sisters. Thereafter, the brothers and sisters of petitioner’s wife executed release deed dated 24.11.2016 in favour of petitioner’s wife by releasing their shares, as such petitioner’s wife became owner of the subject property. Thereafter, when the petitioners tried to renovate the subject property in the month of January, 2017, respondent Nos.6 to 9, who are in no way concerned with the subject property, tried to interfere with the peaceful possession of the petitioners. Accordingly, wife of petitioner No.1 filed a suit in O.S.904/2017 on the file of XXII Junior Civil Judge, City Civil Court against respondent Nos.6 to 9 for perpetual injunction, the trial Court has allowed the said suit in favour of petitioner’s wife restraining respondent Nos.6 to 9 from entering into the subject property. During the pendency of said suit, petitioner’s wife died. Respondent No.6 and his wife filed another suit in O.S.No.682/2018 on the file of X Junior Civil Judge, City Civil, Hyderabad against petitioner’s wife in respect of part of subject property.

3.1. It is further submitted that respondent Nos.6 to 15 were continuously interfering with the peaceful possession and has also filed false complaint in Cr.No.188/2025. Questioning the same, the petitioners filed W.P.No.15381/2025 and this Court disposed of the said writ petition directing respondent authorities to follow Section 41-A Cr.P.C. It is further submitted that due to continuous interference from unofficial respondent Nos.6 to 15, petitioner No.2 herein lodged a complaint dated 21.05.2025 before respondent No.5 narrating all the said facts and requested for providing police protection, however, respondent No.5 did not receive the complaint stating that the matter is civil in nature. Under such circumstances, petitioners sent the complaint through RPAD to respondent Nos.2 to 4. Apart from taking action, respondent No.5 started colluding with unofficial respondents and started harassing and threatening the petitioners.

4. In those circumstances, being left with no other option, petitioner filed a private complaint before IV Addl.Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad, Nampally. Thereafter, IV Addl.Chief Judge referred the matter to respondent No.5, who inturn failed to lodge complaint against respondent Nos.6 to 15 even after lapse of 15 days. Taking advantage of non-registering the FIR, respondent Nos.6 to 15 are threatening the petitioners to withdraw the complaint else they will see the end of the petitioners. Finally, respondent No.5 registered FIR No.277/2025 under Sections 329, 308