This writ petition challenged the failure to register specific IPC sections for trespass and mischief. The respondent clarified that the relevant sections were included in the final police report. Consequently, the petition was closed without further orders.
No further orders passed; writ petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE K.C. BHANU
WRIT PETITION No.24462 OF 2012
ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to issue a Writ of Mandamus declaring the action of the second respondent in not adding proper sections as per the report of the petitioner in Crime No.196 of 2012, dated 03.07.2012, of Mangalhat Police Station, Hyderabad, as illegal, arbitrary and unconstitutional.
2. Heard both sides.
3. The short grievance of the petitioner is that the persons accused offences have also trespassed into the house and demolished the compound wall and thereby committed mischief, but, those two sections were not registered in the above said Crime.
4. The learned Assistant Government Pleader for Home, on instructions, stated that as there was trespass into the house of the petitioner, Section 448 I.P.C. and there was a mischief, Section 427 I.P.C. have been included in the final report filed before the competent Court.
5. Recording the said submission, no further orders are required to be passed in this writ petition and hence, the writ petition is closed. No order as to costs.
Miscellaneous petitions pending, if any, filed in this writ petition shall stand closed.
_________________ K.C. BHANU, J.
Date.17.08.2012. Dsh.
HON’BLE SRI JUSTICE K.C. BHANU
WRIT PETITION No.24462 OF 2012
August 17, 2012
DSH
1 issue framed by the court
Whether the action of the second respondent in not adding Section 448 IPC and Section 427 IPC to Crime No.196 of 2012 based on the petitioner's report is illegal, arbitrary and unconstitutional.
3 provisions across 2 enactments
Petitioner
Assistant Government Pleader for Home
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
