THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24029 of 2025

ORDER

Heard learned counsel for the petitioner and Sri.M.Srinivas, 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 inaction of the Respondent Nos.2 and 3 in extending police protection to the petitioner despite the existence of a valid civil injunction order in I.A No.1077 of 2024 in O.S No.665 of 2024 (Old O.S No.371 of 2022) on the file of the Principal Junior Civil Judge at Karimnagar (Old Junior Civil Judge, Huzurabad) and a registered FIR dated 06.06.2025 in Crime No.190/2025 by Huzurabad Police Station as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 to provide immediate and continuous police protection to the petitioner for the purpose of safeguarding her life and property …….”

3. Brief facts stated in this writ petition are that petitioner claims to be the owner and possessor of agricultural land admeasuring to an extent of Ac.4-20 guntas, situated in Sy.No.439/A and 439/D of Kandugula Village, Huzurabad Mandal, Karimnagar, having acquired the same through registered sale deed bearing document No.442 of 2021 dated 15.04.2021. It is further stated that when the respondents Nos.4 to 7 attempted to dispossess the petitioner from the subject property, petitioner filed O.S.No.665 of 2024 (old O.S.No.371 of 2022) and the Principal Junior Civil Judge at Karimnagar (herein after referred as ‘the trial court’), vide order dated 21.12.2022 in I.A.No.1077 of 2024 (old I.A.No.1377 of 2022), restrained respondent Nos.4 to 7 from interfering with petitioner’s peaceful possession over the subject property. During the pendency of the said OS, respondent Nos.4 to 7 on 05.06.2025, trespassed into petitioner’s land and damaged the green gram crop causing a loss of nearly Rs.1,00,000/-. Hence, the petitioner lodged a complaint against the respondent Nos.4 to 7 and the police at Huzurabad Police Station, under Section 329(3), 324(5), 126(2), 292, 351(2) r/w 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred as ‘BNSS’), registered a criminal case. The case of the petitioner is that even after registration of the criminal case, respondent Nos.4 to 7 harassed the petitioner on 26.06.2025 and the respondent authorities failed to provide police protection to the petitioner. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, placed on record instructions issued by Sub-Inspector of Police, Huzurabad police station, Karimnagar District, wherein it is stated that on receipt of petitioner’s complaint, police visited the crime scene, examined the crime details and registered case in Cr.No.190 of 2025 and started investigation. During the course of investigation, respondent Nos.4 to 7 were examined at Huzurabad police station. Thereafter, notice under Section 35(3) of BNSS was issued and respondent Nos.4 to 7 confession were recorded. The police on 25.07.2025, had filed the charge sheet before the

1st Additional JFCM at Huzurabad and C.C number is awaited.

5. Learned Assistant Government Pleader further submits that with respect to police protection, the petitioner ought to have approach the trial court and obtain order with a direction to respondent police to provide police protection.

6. At this stage, learned counsel for the petitioner seeks liberty from this Court to pursue the matter before the trial court.

7. Recording the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits of the case this writ petition is disposed of with a liberty to petitioner to purse her remedy before the trial court. It is made clear that the