Dismissed

Amerjeth Singh Sethi , Raju v. The State of Telangana and 6 others

Telangana HC15 Sept 2020WP/15040/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 226 and Section 151 CPC where the petitioner sought mandamus to compel registration of an FIR regarding criminal threats. The court held that aggrieved parties must avail remedies under Section 156 CrPC in the Magistrate's court instead.

What did the court decide?

Petitioner granted liberty to avail alternative remedies provided by the Code of Criminal Procedure.

Amerjeth Singh Sethi , Raju Vs The State of Telangana and 6 others — Telangana HC (2020) — LawSathi Research

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

¶2

TUESDAY, THE FIFTEENTH DAY OF SEPTEN/BER

¶3

TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

¶6

WRIT PETITION NO: 15040 OF 2020

¶7

Betwee n

¶8

Amerjeth Singh Sethi @ Ra.iu, S/o lVangalsen Sethi, aged about 45 years, Occ: Business, rio H.No.5-11-36 to 38 Old Bus Stand, Nirmal, Nirmal District.

¶9

...PETITIONER

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AND

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The State of Telangana, Rep. by its Principle Secretary, Home Department, Hyderabad

¶12

The Superintendent of Police, Nirmal District, at- Nirmal, Telangana State.

¶13

The Sub Divisional Police Officer, At- Nirmal, Nirmal District, T.S.

¶14

The Station House Officer/lnspector Of Police, Nrrmal Town, at- Nirmal District, Telangana State.

¶15

Ashok Kumar Sethi, S/o lVangalsen Sethi, aged about 58 years, Occ- Business, R/o.H.No.3-1 1-33, Gokulnagar, Ramanthapur, Hyderabad.

¶16

Suresh Kumar Sethi, S/o lt4angalsen Sethi, aged about 55 years, Occ- Business, R/o.H.No.5-1-83i2, Chintakuntawada, Nirmal District, T.S.

¶17

Bhaskar Reddy, S/o not known, aged about 58 years, Occ- Retd. Employee, R/o.H.No.1-1-369, Road No.3, Vinayak nagar, Nizambad District., T.S.

¶18

...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass order or orders one in the nature of WRIT OF TVANDA[/US declaring the actron of the Respondent No.2 to 4 for not registration of the FIR on the complaint dated 27 -07 -2020 made by the petitioner to respondent no.2 lo 4 by way of RPAD against the respondent no.5 to 7 for their illegal act committed by them for using filthy language and threatening dire consequences to kill the petitioner and their family members mercilessly and threatened the vacate the premises on dt-22-07 -2020 and subsequently on dt-25-07 -2020 and to declare the action of respondents which is totally illegal, arbitrary against the principles of natural^justice and violation of Act and Rules of the Criminal Procedure Code and lPC.

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to 4 to register the FIR on the complaint dated 27 -07 -2020 made by the petitioner to respondent No.2 to 4 by way of RPAD against the respondent No. 5 to 7 for their illegal act committed by them for using filthy language and threatening

¶22

dire consequences to kill the^petitioner and their family members mercilessly and

¶23

threatened the vacate the premises on date 22-07^-2020 and subsequently on date

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25-07-2020 pending disposal of the main writ petition.

¶25

Counsel for the Petitioner: SRl. SURESH SHIV SAGAR

¶26

Counsel for the Respondent Nos.1 to 4: GP FOR HOME

¶27

Counsel for the Respondent Nos.5 to 7: NONE APPEARED

¶28

The Court made the following: ORDER

¶29

¶30

HONOURABLE SRI JUSTICE P.NAVEEN RAO

¶31

WRIT PETITION No.15O4O OF 2O2O

¶32

ORDER:

¶33

This n rit petition is filed alleging that even though cognizable offence was reported on 27.O7.2O2O, crime is not registered and no action is taken against the offenders, who are arrayed as respondents 5 to 7.

¶34

The issue was considered by this Court in Gouinda Raju Sami u. State of Telangana and othersr and this Court held that aggrieved party has to avail remedy provided by Code of Criminal Procedure. The Hon'ble Supreme Court considered the issue in M. Subramaniam u. S.Janaki2 and the Hon'ble Supreme Court held that Section 156 of Code of Criminal Procedure confers u,ide powers in the jurisdictional Magistrate to deal u'ith all :rspects concerning non registration of crimc, delat'ir.r investigation and filing of charge sheet.

¶35

In view of the said principle of law, the pra),er sought in the u,rit petition cannot be granted at this stage by this Court and petitioner has to avail remedies as available in law.

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The writ petition is, accordingly, dismissed granting liberty to the petitioner to avail alternative remedies provided by the Code of Criminal Procedure. Pending miscellaneous petitions, if any, shall stand closed.

¶37

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¶38

SD/-M.MA LA ASSISTANT^RE TR AR //TRUE COPY// SECTION OFFICER

¶39

To,

¶40

I One CC to^{Sri Suresh Shiv Sagar.Advocate} IOPIC] 2 i#I Edri"in"^{Ciror. Hor",f;iSh Court for tne Staieof Telansanaat} Hvderabad.^(OUT)

¶41

Two CD CoPies

CHR

HIGH COURT

DATED:1 510912020

ORDER

W.P.No.15040 of 2020

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¶48

DISMISSING THE WRIT PETITION WITHOUT COSTS

¶49

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Amerjeth Singh Sethi , Raju v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Amerjeth Singh Sethi , Raju v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

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