This order dismisses a writ petition under Article 226 seeking direction for a police enquiry into a death. The court held that once the police filed an action-dropped report, the petitioner had to avail an alternative remedy and no reasons existed for intervening.
Writ petition dismissed; no 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 COURTFORTHE STATEOF TELANGANA (SPecial OriginalJurisdiction)
FRIDAY ,THEEIGHTHDAY OF APRIL TWO THOUSANDAND TWENTY TWO
PRESENT
THE HONOURABLESMT JUSTICE LALITHAKANNEGANTI
w RIT PETITIO NO: 17708 F 2022
Between: W/o Late.Mahabubhussain Khan, aged about B0 years' Zaheda Begum, OcC: HouseHold ,nlo HL.f".-S-l-1t}l3tA, Defence colony Langerhouse' Hyderabad TS
...PETITIONER
AND
3 f fr"'Srp"ri.t"ndentof police CBCID,Nearat Hyderabad(TS) 4. il; a;;l;;pectorof police, Langar House Police station at Hyderabad' - 5. f.faf,eeO Begum,W/o Late. HydeiHussainkhln lS.e35 yearsFi/o D No - 9-1- 1niiief,ti, Defencecolony' LangarHouseat Hyderabad
...RESpoNDENTS Petition underArticle 226 ol the Constitution of lndia prayingthat in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleasedtotoissueawritorderordirectionmoreparticularlyoneinthenatureof WRIT of MANDAMUSdirectingthe respondentNo 2 and No 3 to conduct the enquiry of deathof Mohd Ryder Hussain khanComputer programmera ExaminationbranchinMoulanaAzadNationalurduUniversityGachibowli' HyderabadandtosubmitthereportbeforetheHon'blecourtandconsequentlyto punish the criminals in accordancewithlaw'
IA NO :1 OF 2022
PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavitfiled in support of the petition, the Highcourtmaybe pleasedto direct therespondentsto conduct the enquiry and submitthe report beforethe Hon'ble Highcourt pending disposal of mainwrit petition'
Counsel for thePetitioner:SRl'M D AFZAL
Counselfor the Respondents 1 to 4: GP FOR HOME
Counsel fortheRespondents 5: NONEAPPEARED
The Courtmade the following:ORDER
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITI ON No.17708 ot 2O22
ORDER:
This writpetition is filed seeking a direction torespondent Nos.2and 3 to conduct enquiry on the death of Mohd.HyderHussain Khan, Computer Programmer, ExaminationBranch in Moulana Azad National Urdu University, Gachibowli, Hy,Jerabad and submit areport before theCourt and consequently topunish the criminals in accordance withlaw.
')
LK, J WP.N0.17708 of 2022
the Assistant Commissioner of Police, Asif Nagar Division, the police have referred the case as 'action dropped' vide proceedings dated 08.11.2021 and informed the same to petitioner on 20.11.2021 and the petitioner has acknowledged the same. He also submits that the police have conducted fair investigation and the allegation that the respondents have failed to conduct investigation is baseless.
dismissed.
SD/-K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY/I (u,.
SECTION OFFICER
To,
NN LS \N.-
HIGH COURT
DATED:08104i2022
ORDER
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oo 2 il Jlrii 2022
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WP.No.17708of 2022
DISMISSINGTHE WRITPETITION AS WITHDRAW-<sup>WITHOUTCOSTS
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2 issues framed by the court
Whether the impart of proper investigation regarding death warrants the direction to conduct an enquiry under Article 226.
Whether an alternative remedy exists after the filing of a final report under Section 174 Cr.P.C.
2 provisions across 2 enactments
W/o Late Mahabubhussain Khan
President Secretary, Secretariat Govt, State of Telangana
Superintendent of Police, CBI
Superintendent of Police CBCID
Sub-Inspector of police, Langar House Police station
One BB Begum
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
