The High Court of Telangana disposed of a writ petition challenging the police's failure to register a crime under the SC/ST (POA) Act. The Court accepted the respondents' submission that the Section 4 charge had been incorporated and dismissed the petition.
The writ petition is disposed of without order as to costs.
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.
HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
FRIDAY ,THE FIRSTDAY OF APRIL TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLESMTJUSTICE LALITHAKANNEGANTI
WRIT PETITION NO: 16799 OF 2022
Between:
Putta Gouramma,W/o P.Agamaiah,Agedabout -50 years' OccLlboure,r' Ril'H.N;. ,-4-gai,mnzs,NYR Nagar, Mallapur,Kapra Municipality'circle-1 ' U ppal lvlandal,I/edchal-trilalkajgiri District.
..,PETITIONER
AND
...RESPONDENTS
Petition under Article226 of lhe constitution of lndia prayingthat in the circumstancesStatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a writ, orderor more particularly one in the nature of writ of TVANDAMUS declaringthe inaction of the 3'd respondentauthorities in not registering thecrime under Section 4 of SC and ST (POA) Act and for tardy progressininvestigationintothecrime,inarrestingtheaccusedandinfiling charge sheet inFlR Nos.63T ot 2O2l and 633 ol 2O2lof P S' Kushaiguda'as beingillegal'arbitrary,unauthorizedandunconstitutionalapartfromviolativeof principles of naturaljustice and consequentlydirect the 3'd respondent
authoritiesto forthwith register the crime under Section 4 of SC and ST (POA) Act and toinvestigate the matter.
IA NO:1 OF 22
Petition underSection 151 CPC prayingthat in the circumstancesstated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto direct the 3drespondentauthorities to include Section 4 of sc and ST (POA) ActinFlRNo-638of2O2lfortheoffencepunishableunderSection44Sand42T lPC.of P.S.Kushaiguda, pending disposal of the writ petition'
Counsel forthe Petitioner: SRI' KAMPALLIUDAY KANTH
Counselfor the Respondents : SRIRAM MOHAN RAO AGO FOR GP FOR HOME
The Courtmadethe following: ORDER
THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.16799 of 2022
lRDER
\
This writ petition is filed questioning the action of respondent l.lo.3 in not registering the crime under Section 4 of SCs & STs (pOA) Act and for tardy progress in investigation into the crime in arresting the accused and filing the charge sheet in Cr.Nos,637 and 638 of 2021 on tne file of Kushaiguda Police Station, as illegal and arbitrary.
L{, J vV.P.No.16799of 2022
)
endingin this writ Petition shall 6. MiscellaneousPetitio
standclosed
SD/.V.KAVITHA
ASSISTANTREGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
SB SB
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HIGH COURT
DATED:01 10412022
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ORDER
WP.No.16799 of 2022
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
\1
V
1 issue framed by the court
Whether the writ petition questioning non-registration of a crime under SC/ST (POA) Act is maintainable given that steps have been taken to include the specific section in the FIR.
Putta Gouramma
The State of Telangana
The Commissioner of Police, Rachakonda Commissionerate
The State House officer, Kushaiguda P.S.
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
