Petitioner challenged non-registration of FIR regarding alleged criminal trespass. Court noted police registered Crime No.168 of 2020 on 08.09.2020. Held cause no longer survives as crime was registered. Dismissed writ petition without costs.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FIFTEENTH DAY OF SEPTEN/BER TWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE P NAVEEN RAO
wRlT PETITION NO: 15555 OF 2020
Betwee n:
Smt. B. Saritha, W/o. Sri. B. It4adhusudhan Rao, Aged about 38 years, Occupation. Business, Resident of House No.1 7-1 1 0, Road No.3, Kamala Nagar, Dilsukhnagar, Hyderabad
...PETITIONER
AND
...RESP.NDENTS
Petition under Article 226 of lhe Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature Writ of Mandamus declaring the action of 5th respondent in not registering the FIR and conducting investigation and arresting the respondents No. 6 to 9 for making attempts to criminal trespass into the land of petitioner in an extent of Survey No.32, VU, VUU, RU, RUU, LU, admeasuring Ac-4-11 Gts., situated at Nazdiksingaram Village, Yacharam Mandal, R,R.District by using forged document, though received the petitioner's report submitted through register post on 3110812020 to the respondents 2 to 5 as illegal, arbitrary and u nconstitutional and consequently direct the 5rh respondent to take action against respondents No. 6 to 9 by registering the crime by providing protection of land of the petitioner mentioned above
lA NO: 1 OF 2020
Petition under Section'1 51 CPC praying that in the circumstances stated in the affjdavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent to take action on respondents No. 6 to 9 for illegal trespass jnto the land of petitioner in Survey No.32, VU, VUU, RU, RUU, LU, admeasuring Ac-4-1 1 Gts., situated at Nazdiksingaram Village, Yacharam tvlandal, R.R.District, pending disposal of the above writ petition.
Counsel for the Petitioner : SRI B.MADHUSUDH,AN RAO, FOR
M/s. N.RAVI PRASAD
Counsel for the Respondent Nos.1 to 5 : Gp FOR HOME
Counsel for the Respondent Nos.6 to 9 : NONE APPEARED
The Court made the following: ORDER
_) _
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.15555 OF 2O2O
ORDER:
This writ petition is filed alleging that even though cognizable crime is reported, so lar the poiice have not registered the crime.
SD/.M.MANJULA
//TRUE COPY//
ASSISTANT REGISTRAR i
SE CTION OFFICER
To
.-
HIGH COURT
DATED:1510912020
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ORDER
WP.No.15555 of 2020
DISMISSING THE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the writ petition survives when a crime has already been registered by the police after the filing of the petition?
B. Saritha
The State of Telangana
The Commissioner, Rachakonda Police Commissionerate
The Deputy Commissioner of Police, Rachakonda Police Commissionerate
The Assistant Commissioner of Police, Rachakonda Police Commissionerate
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
