Petitioner challenged respondents' inaction regarding arrest and charge sheet filing under IPC. Court granted liberty to avail other remedies based on existing interim stay order.
Petitioner granted liberty to avail appropriate remedies as per law; 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 COURT FOR THESTATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY. THE TWENTIETHDAY OF APRIL TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLESMT JUSTICE LALITHA KANNEGANTI
WRIT PETITIO N NO: 17993OF 2022
Between:
Dhravath Lakshmi Banjara,W/o. DharvathLachiram _Naik,Agedabo_t1t56 .years, Olc: Aqriculture and Chairpersonof I//s lndia Poultry Private Limited,Ri/o. H.No.16- 02-51 tFt 1, Akberbagh,Malakpet, Hyderabad.
..,PETITIONER
AND
...RESPONDENTS
Petition under Article226 ofthe constitution of lndiapraying that in the circumstances stated in theaffidavitfiled therewith, the High court may be pleased to pass an order, direction orwrit more particularlyone in the natureof writ of mandamus declaringthe actionof the Respondentsin not arrestingthe accusedpersons andnot remandedin the judicial custody and not filed the charge sheet in cr.No.33/2021dated16.03.2021under section141 ,12Ob,415, 468,471,42O,423,425,427,504,506r/w34lPCofPSKowdipalli,Medak District as illegal, arbitraryand against the principles of natural justiceand violative of Articles 14 and 21 of theConstitutionof lndla and consequently direct the respondents to arrestthe accused persons and remandthem in the judicial custody and file charge sheetin crNo.3312021dated16.03.2021 undersection 141 , 120b,415,468,471,420,423,425,427,504,506r/w 34 IPC of PS Kowdipalli, lVledak District.
IA NO: 1 0F 2022
Petitiori under Section 151 CPCpraying thatin the circumstances statedin the affidavit filed in support of thepetition,the High Court may be pleasedto direct the respondents to arrest theaccused personsand remand them in the judicial custody and file charge sheet in Cr No. 3312021 dated 16.03.2021 under section 141 ,120b,415,468,471,420,423,425,427,504,506 r/w 34 IPC of PS Kowdipalli, [,4edak District.
Counsel for the Petitioner: SRIA.SAI CHAKRAVARTHY
Counsel for the Respondents : GPFOR HOME
The Court made the following : ORDER
I
IION'BLE SMT. JUSTICE LALITHA I<ANNEGANTI
WRIT PETITION No.17993 of 2022
ORDER:
This writ petition is filed questioning the action of the respondents in not arresting the accusedpersons and not remanding to the judicial custody and also further not filing the charge sheet in crime No.33 of 2O2I dated 16.O3.2021 under sections 141, 120-8, 415, 46a, 47 l, 42O, 423, 425, 427, 5O4 and 506 r/w 34 IPC of Kowdipalli police station, Medak District as illega1 arbitrary and violative of the principles of natural justice.
2 Mr. A. Sai Chakravarthy, learned counsel appearing on behalf of petitioner submits that the crime No.33 of 2021 is registered in the year 2O2I and the respondents failed to conduct investigation and file charge sheet. Hence, the petitioner is constrained to approach this Court.
\U.P.No.17993 of 2022
Z
proceedings including the arrest of the accused. Hence, they could not proceed with the investigation and file the charge sheet.
Miscellaneous petitions, if any pending in this writ petition shall stand closed.
\
SD/-B.SATYAVATHI ASSISTANT REGISTRAR L_U //TRUE COPYi/ SECTION OFFICER
To, 1. The Principal secretary,state of Telangana, Home Department Secretariat Buildinos. Hvderabad.
?
HIGH COURT
DATED:2010412022
ORDER WP.No.17993 of2022
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2 s JUN 2022
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1 issue framed by the court
Whether the writ petition challenging non-arrest and non-filing of charge sheet requires disposal given an interim stay order.
2 provisions across 2 enactments
Dhravath Lakshmi Banjara
State of Telangana
Superintendent of Police, Medak
Lalitha Kanne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
