THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27032 of 2025

ORDER

This writ petition is filed questioning the action of the 3rd respondent and their staff in harassing the petitioner by repeatedly calling her to the 3^rd respondent police station without following due process of law as illegal, arbitrary, unconstitutional, and violative of principles of natural justice, consequently, seeking a direction to the 3rd respondent and their staff not to summon or call the petitioner to the 3^rd respondent police station in connection with Crime No.439 of 2025 of Khammam II Town Police Station, Khammam District, except in strict accordance with the procedure established by law.

2. The brief facts of the case are that basing on the complaint lodged by 4^th respondent, the police registered a case against the petitioner and two others in Crime No.439 of 2025 dated 28.07.2025 under Sections 318 (4) and 351 (2) of BNS Act and on 03.08.2025, at about 1130 hours, petitioner went to the police station pursuant to the call made by 3^rd respondent and after going there, the 3^rd respondent enquired into the allegations and during the course of said enquiry, petitioner clearly explained that petitioner has nothing to do with the case and had never entered into any agreement with the 4th respondent and has no obligation whatsoever to register the land in his favour. Thereafter, the police issued a notice under Section 35 (3) of BNSS, which petitioner duly complied. It is further submitted that on 04.08.2025, 3^rd respondent called petitioner over the phone and directed petitioner to come to the police station to “settle the issue” with the 4th respondent and the petitioner categorically informed him that she has no contractual relationship with the 4^th respondent and therefore, there is nothing to discuss or settle. However, the 3^rd respondent threatened petitioner with dire consequences if she failed to oblige their directions. Questioning the same, the present writ petition is filed.

3. Learned Government Pleader appearing for Home placed the instructions submitted by the Sub-Inspector of Police, Khammam II Town Police Station, Khammam Commissionerate wherein it is submitted that respondent No.3 neither interfered into the personal life and liberty of the petitioner at any point of time in any manner as alleged by the petitioner nor called petitioner repeatedly to the police station or taken any coercive steps against petitioner. It is further submitted that respondent No.4 had lodged a complaint dated 28.07.2025 with the respondent No.3 against the petitioner herein and pursuant to the said complaint a case was registered in F.I.R.No.439 of 2025 dated 28.07.2025 for the offences under Sections 318 (4), 351 (2) of BNS against the petitioner who was arrayed as A-2. It is submitted that during the course of investigation, notice under Section 35 (3) of BNS was issued to the petitioner on 02.08.2025 and after thorough investigation Charge Sheet has been filed before the Hon’ble I Additional Judicial Magistrate of First Class at Khammam and the calendar case number is awaited. It is submitted that except conducting investigation, respondent No.3 neither interfered into the personal life and liberty of the petitioner nor called petitioner repeatedly to the Police Station or taken any coercive steps against the petitioner.

4. Learned Assistant Government Pleader appearing for Home submitted that since investigation was completed and charge sheet was filed, they would not call the petitioner to the police station and in the event of initiating any action on the petitioner, they would follow due procedure as contemplated under law.

5. Recording the same, this writ petition is disposed of directing the respondent authorities to follow due procedure as contemplated under law before initiating any action on the petitioner.

6. With the above direction, this writ petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.