THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24072 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

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

“…to declare the action of the respondent No.3 herein calling the petitioner herein to the police station in relation to an unconcerned case bearing F.I.R.No.102 of 2024 dated 16.03.2024, without any notice and without there being any involvement of the petitioner in the said case, as being illegal, arbitrary, unjust, unconstitutional and violative of Article 21 of the Constitution of India and consequently, direct the 3rd respondent not to call the petitioner to the police station without following the procedure contemplated under the law...”

3. Brief facts stated in this writ petition are that on 30.07.2025, the petitioner received a phone call from respondent No.3 asking him to come to police station and when the petitioner went to the police station he was made to sit in the police station till late night and upon his persistent request, 3rd respondent informed him that he is investigating into Crime No.102 of 2024 and asked him certain questions. The petitioner obtained copy of the F.I.R.No.102 of 2024 and after verifying petition noted that it pertains to cheating and breach of trust, on a complaint given by one Smt.Mopidevi mahalakshmi against a company i.e., M/s VBJ Capstone Builders Private Limited and the issue is with regard to a land sale transaction and the said company cheated the complainant. It is further submitted that the petitioner has nothing to do with the said offence and it is not known as to why 3rd respondent has called him to the police station in the above said case. The petitioner submits that he is no way concerned with the accused and F.I.R and that he was not involved in any offence inspite of the same, the repondents are calling him and he is apprehending a threat that respondent No.3 would implicate him in the above case. Questioning the same, the present writ petition is filed.

4. Learned counsel for the petitioner submits that the petitioner is ready to co-operative with the investigation however, basing on the said Crime No.102 of 2024, respondents are continuously calling the petitioner to come to Police Station.

5. Learned Assistant Government Pleader for Home appearing for respondents placed on record instructions submitted by Assistant Commissioner of Police, EOW Team-VII, CCS, DD, Hyderabad, wherein it is submitted that on 16.03.2024 a complaint was received from Smt.Mopidevi Mahalakshmi alleging that one Venkata Prasad Guptha Kandula and Anuradha Guptha Kandula, Directors of VBJ Capstone Builders Private Limited along with one Dande Yugendher induced her to purchase 5 plots (total 1000 square yards) in Sy.No.170, Laxmi Nagar, Kapra Village, for Rs.2,21,00,000/- and she paid Rs.1.65 crore (Rs.80 lakhs by cheque to the company and Rs.85 lakhs in cash to the Directors) and entered into a sale agreement on 09.01.2020, thereafter the accused failed to register the plots, avoided communication, and threatened the complainant using bouncers. However, later they agreed to refund the amount and issued cheques totalling to Rs.1,37,70,000/- and promising Rs.27.30 lakhs in cash and the said cheques were bounced due to insufficient funds and further cheques from IDBI Bank were also non-operational. Despite the repeated demands, the money was not returned and the accused persons acted in collusion to cheat and threatened the complainant, as such requested legal action. Based on the said complaint, a case was registered in Crime No.102 of 2024 under Sections 420, 406, 506 read with 120-B IPC and the case was entrusted for investigatin. Subsequently, offence under Sections 468, 471, 409 of IPC were added to the existing sections on 0