Disposed

B. Hanumanth Reddy v. The State of Telangana

Telangana HC23 Dec 2021WP/12319/2020

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner challenged the non-registration of an FIR by the Station House Officer, alleging illegality and arbitrariness. The Court observed that the police had already registered a petty case based on the petitioner's complaint, thereby redressing the grievance. The writ petition was disposed of with liberty to pursue remedies under CrPC and dismissal of

What did the court decide?

Writ petition disposed of with liberty to pursue remedies under CrPC if aggrieved; miscellaneous petitions pending, closed without costs.

B. Hanumanth Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY ,THE TWENTY THIRD DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 12319 OF 2020

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Between:

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B. Hanumanth Reddy, S/o Late^{Ranga Reddy Ag} ed 55 years, Occ- Agriculture, R/o Bandyenkacherla Village, Kulkacherla^lvlandal, Vikarabad Dist.

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...PETITIONER

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AND

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The State of Telangana, Rep by^{its Secretary, Home Dept., Secretariat,} Hvderabad.

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The Superintendent of Police,^{VikarabadDist.}

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The Stdtion House Officer,^{P.S.Kulkacherla.}

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K.Goverdhan, S/o Karre Bichanna,^{Aged 45 years, OcQ Police Constable,}

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PJo Bandyenkacherla Village,^{KulkacherlaMandal,VikarabadDist.}

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavitfiled therewith,the High court may be pleased} to issue a Writ or order/s more^{particularlyone in the natureof Writ of Mandamus} declaring the action of the^{Respondent No.3 in not registering F.l.R. pursuant to the} complaint dated 23.5.2020 of^{the Petitioner,as being illegal, arbitraryand} u ncon stitutio na I and consequently^{direct the Respondent No.3, to forthwith register} FIR and take action against the^{RespondentNo. 4 and be pleased.}

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lA NO: t OF 2020

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Petition under section^{151 CPC prayingthat in the circumstancesstated in} the affidavit filed in support^{of the petition,the High court may be pleased to direct} the Respondent No.3 to^{forthwith registerFIR in pursuanceof the complaint} daled 23.5.2020 of the^{Petitioner, pending disposalof the Writ Petition'}

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Counsel for the Petitioner^{: SRI P. SHIVA REDDY} Counsel for the Respondent^{Nos.1to 3: AGP FOR HOME} Counsel for the Respondent^{No.4: SRI L. DIVAKARARAO} The Court made the following:^ORDER

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sw^xy

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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION o. 12319 of2O2O

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ORDER:

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Aggrieved by the action of the respondent No. 3 in not registering F.l.R. pursuant to the complaint submitted by the petitioner, dated 23.O5.2020, the present writ petition is filed.

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Heard the learned counsel for the petitioner and learned Assistant Government Pleader leader for Home.

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Today, the learned Assistant Government^pleader for Home, on written instructions, submits that acting upon the'complaint of the petitioner, dated 23,05.2020, Police have registered a petty case vjde S.T.C. No. 367 ol 2021 on the file of Junior Civil Judge, parigi, having obtained due permission from the concerned lvlagistrate. The case is posted for appearance of the accused on 23.12.2021 . However, the learned counsel for the petitioner submits that the allegations in the complaint disclose commission of cognizable offences and as such police ought nol to have registered a petty case.

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Considering the fact that the Police have already registered a case upon the complaint submitted by the petitioner, the grievance of the petitioner stands redressed.

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Accordingly, the writ petition is disposed of granting liberty to the petitioner to pursue his remedies as are available under the provisions of Cr.P.C., if he is so aggrieved.

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Miscellaneous Petitions, pending if any, shall stand closed. No

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costs.

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To,

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.,^"ssBYi,uf RE6,8iRRX eit //rRUE copy, SECTION OFFICER

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1 The Secretarv. Home Dent, State of.Telangana, Secretariat, Hyderabad.

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2 The Superintendent of^p<itice, Vifarabat Dist.^{-' -"-'"} the S_tation House Officer, p.S. Kulkacherla.

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4 One CC to Sri P. Shiva Reddv, Advocate fOpUCl 5 One CC to Sri L. Divakara Ra'o, Advocate'tOpU-it 6 Two CD Copies 7 One Spare Copy

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t* ,,

sww-

HIGH COURT

DATED:2311212021

ORDER

WP.No.12319 ol 2020

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¶44

DISPOSING OF THE WP WITHOUT COSTS

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B. Hanumanth Reddy v. The State of Telangana

Case brief

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B. Hanumanth Reddy v. The State of Telangana

Case brief

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