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Telangana High Court
Smt. P.T.D. Lakshmi A.T.D. Lakshmi … vs The State Of Telangana on 2 July, 2025
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.18672 of 2025
ORAL ORDER:
Heard Mr.V.V.Ramana, learned counsel for the
petitioner and learned Assistant Government Pleader for Home
appearing for respondent Nos.2 to 4.
2. Petitioner is claiming that she is the absolute owner and
possessor of agriculture land admeasuring Acs.21.24 guntas in
Sy.Nos.426/1, 427/A, 432, 433/A, 433/AA, 434, 435, 436,
437/A, 437/AA, 438/AA/2, 441 and 456/A/1, situated at
Tirumalapore Village, Rajapur Mandal, Mahabubnagar
District. It is an ancestral property and she acquired the same
by inheritance of her husband. According to the petitioner,
respondent No.8 has created agreement of sale dated
22.12.2023 by forging her signatures. He has also created an
oral agreement in the year 2017 with regard to the subject
property. With the said allegations, respondent No.8 filed a
suit in O.S.No.36 of 2024 on the file of the District Judge,
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W.P.No.18672 of 2025
Mahabubnagar, for specific performance of the sale
agreement. Vide order dated 20.12.2024 in I.A.No.542 of 2023
in O.S.No.36 of 2024, learned trial Court granted interim
injunction in favour of respondent No.8 herein directing the
petitioner herein not to alienate the subject property. The said
suit is pending and the said interim order is subsisting.
3. Perusal of the record would also reveal that on the
complaint lodged by respondent No.6, Police, Rajapur Police
Station, have registered a case in Crime No.93 of 2025 against
the petitioner for the offence punishable under Section 420 of
IPC. Petitioner has filed a petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS,
2023’) to quash the proceedings in the said Crime.
4. Vide order dated 02.05.2025 in Criminal Petition
No.6418 of 2025, this Court directing the petitioner herein to
appear before the Station House Officer, Rajapur Police
Station, Mahabubnagar District, within 7 days from the date of
receipt of a copy of the said order, whereupon, the
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W.P.No.18672 of 2025
Investigating Officer shall issue notice on the petitioner under
Section 35(3) of BNSS, 2023 in Crime No.93 of 2025 and take
up further proceedings as per the guidelines of the Hon’ble
Apex Court in Arnesh Kumar v. State of Bihar1. This Court
also directed the petitioner to cooperate with the investigation.
5. On the complaint lodged by the petitioner, the very same
Police have registered a case in Crime No.121 of 2025 against
respondent No.8 and others for the offences punishable under
Sections 447, 427, 465, 468, 471 and 420 read with Section 34
of IPC and the investigation is pending.
6. It is also the specific allegation of the petitioner herein
that respondent No.8 forged her signatures with the help of
respondent Nos.5 and 6, local MLA and his brother. They
have threatened the petitioner with dire consequences and also
tried to dispossess her from the subject property. Therefore,
the petitioner is seeking a direction to respondent Nos.2 to 4 to
1
(2014) 8 SCC 273
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W.P.No.18672 of 2025
extend life protection to the petitioner as well as the subject
property.
7. The aforesaid facts would reveal that there are disputes
between the petitioner and respondent No.8. According to the
petitioner, respondent No.8 forged her signatures and created
agreement of sale dated 22.12.2023 and he has filed the
aforesaid suit for specific performance of agreement of sale.
Learned trial Court granted interim injunction directing the
petitioner herein not to alienate the suit schedule property. The
said suit is pending, the said interim order is in subsistence and
the investigation in the aforesaid two crimes is also pending.
Therefore, the petitioner can’t seek direction to respondent
Nos.2 to 4 to extend protection to her and to the subject
property. However, the Investigating Officers in both the
crimes shall conduct investigation in accordance with the
procedure laid down under the law and also in compliance
with the order dated 02.05.2025 in Criminal Petition No.6418
of 2025.
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W.P.No.18672 of 2025
8. If there is any threat to the life of the petitioner herein,
she has to specifically narrate the same and submit a
representation to respondent No.4. On receipt of the same,
respondent No.4 shall assess the threat perception of the
petitioner and take action in accordance with law. If
respondent Nos.5 to 8 interferes with possession of the
petitioner over the subject property, she has to approach the
competent Civil Court and obtain injunction. She can also
obtain police protection if injunction order granted to
respondent Nos.5 to 8 is violated. Thus, she has to avail the
said legal remedies. She can’t seek direction to respondent
Nos.2 to 4 to protect her property by filing a writ petition
under Article 226 of Constitution of India straight away.
9. In the light of aforesaid discussion, the Investigating
Officers in Crime Nos.93 and 121 of 2025 on the file of
Rajapur Police Station, is directed to conduct the investigation
strictly in accordance with the procedure laid down under law
and also following the directives issued by this Court vide
order dated 02.05.2025 in Criminal Petition No.6418 of 2025.
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W.P.No.18672 of 2025
Liberty is also granted to the petitioner to submit a
representation to respondent No.4 narrating threat to her life
and seeking protection. On receipt of such representation,
respondent No.4 shall assess the threat to the life of the
petitioner and take action, in accordance with law. With regard
to protection to her property, she has to avail the remedies
under law.
10. With the aforesaid directions, this Writ Petition is
disposed.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs.
_________________
K. LAKSHMAN, J
2nd JULY, 2025.
Note: Issue CC by 03.07.2025.
B/o
Ynk
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