Petitioner sought writ directing police to capture CCTV footage of trespass and construction on his property by opponents. Court noted impartial investigation pending.
Directing Investigating Officer to observe CCTV footage during investigation; no order as to costs.
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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
FRIDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 20 536 0F 2022
Between:
Kasaram Ramesh Kumar Goud, S/o K. Lingamaiah Goud, Aged about 51_years, Occ:Business. R/o H.No. 7-2-1 271, SRT-1 01 6, Sanathnagar, Hyderabad
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue more particularly one in the nature of wRlr oF MANDAruus direct the Respondent No. 2 to s to take c.c. phootage camera on o3to2l2o22 with regard to carrying of the Readymade Tin-shed by the Respondents No.6 to
B in a Heavy Crane with Ph.No.9963681847 and 9963273865 DCM No.Ap-28 TA-1668 coming on the main road on the said date on the en-route i.e. Sanathnagar to SRT Colony, where the Petitioner has been residing along-with his family, consequentially direct the respondent No.2 to 5 to submit detailed enquiry report before the Hon'ble Court.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 i.e. S.H.O, P.S. Sanathnagar to take C.C. phootage Camera on 0310212022 with regard to carrying of the Readymade Tin-Shed by the Respondents No.6 to 8 in a Heavy Crane with Ph.No.99636B 1B4t &, 9963273865 DCM No.AP-28 TA-1668 coming on the main road on the said date on the en-route i.e. Sanathnagar to SRT Colony, where the petitioner has been residing along-with his lamily.
Counsel for the Petitioner
: SRI ANANTHA CHARY KURELLA
Counsel for the Resporrdent Nos.1 to 5 : GP FOR HOME Counsel forthe Respondent Nos.6 to 8 : BATTA PAID The Court made the following : ORDER
: GP FOR HOME
/
THE HON'BLE SMT.JUSTICELALITHAKANNEGANTI WRIT PETITION No. 20536 0F 2022
ORDER:
This Writ Petitionis filed seekinga directionto Respondents2 to 5 to take CC tv. footage dated O3'O2'2O22witla regard to carryingthe readymade tin-shed by Respondents6 to 8 in a heary cranewith phone Nos' 9963681847and 9963273865DCM No. AP 28 TA 1668from Sanathnagarto SRT Colony, where thepetitioner has been residing along with his family and alsoseeking aconsequentialdirectionto Respondents 2to 5 to submita detailed enquiry report before the Court.
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and Respondents 7 and g for which the petitioner executed a registered mortgage deed in respect of the subjec t properg uid.e mortgage deed dated 2O.Oa.2O1g in favour of Respondents 7 and 8. It is stated that thereafter on several occasions, the pelitioner has approached Respondents 7 and g and expressed his readiness to repay the entire hand loan but for the reasons best known to Respondents Z and g, they are not allowing the petitioner to redeem the said mortgage. It is stated that on O3.O2.2O22 around 07.0O to 07.30 A.M., the 6th respondent with hig manpower along with anti_social elements and weapons like knives, daggers, sticks and iron rods, criminally trespassed into thb premises by break-opening the gate locks and installed readymade tin-shed room in the premises through DCM bearing vehicle No. Ap 2g TA 166g along with crane bearing cell No. 9963681847 arLd 996327 3aGS without any manner of right whatsoever. It rs stated that the petitionei has lodged a complaint with the Sft responden t on O3.O2.2O22, trler the 6rn respondent gave a copy of the Court order dated O1.O2.2O22 in I.A.No. 14 of 2022 in O.S.No. Z2 of 2022 on the file of the III Additional Junior Civil Judge_cum_Xl Additional Metropolitan Magistrate at Ktrkatpally on o3.o2.2o22. It is stated that later the petitioner came to know that the unofhcial respondents have
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filed the suit and obtained ad interim injunction and the Presiding Off,rcer Sri K. Dasaratha Ramaiah had intentionally issued the docket order. Learned counsel submits that though the petitioner hasgiven a complaint on 16.O2.2022, the police department had not moved their little linger at any point of time except cooperating with Respondents 6 to 8. He submits that . then the petitioner filed the private complaint under Section 2O0 Cr.P.C. and the same was referred topoiice on O2.O3.2O22 and, after receiving the courtreferred matter, thepolice registered Crime No. 106 of 2022for the offences under Sections 464,452, 427,447 and 506 read withSection 12O-B IPC., Section 25 of the Arms Act andSection 156(3) Cr.P.C. It isstated that in spite of the said crimebeingregistered, there was no substantial progress in the investigation in active collusion with Respondents 6 to 8. It isstated thatthe 5e respondentpolice had given a notice underSectio n91/160 Cr.P.C.dated 16.O3.2022 andthe petitioner has submitted all relevantpapers ot 17.03.2022. It isstated that wheneverthe petitioner approached the officialrespondents, they are threatening the petitioner to compromise the matter with theunofficial respondents and also threatening thatthey wouldregistera
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case under the Scheduled Castes and Scheduled Tribes (Atrocities) Act, hence, the petitioner has approached this Court. 3. Learned Assistant Government pleader for Home Sri S. Rammohan Rao submits that the Investigating Officer is conducting investigation in an impartial and sincere manner and there is no foul play in it. It is also stated that the Investigating Oflicer assures this Court that he will finalise the investigation as expeditiously as possible and lile an appropriate report before the Court.
To,
SD/-K.ONESIM ASSISTANT REGISTRAR //TRUE COPY//
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HIGH COURT
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DATED:2210412022
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ORDER WP.No.20536 of 2022
DISPOSED OF HE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the High Court should direct the police to capture CCTV footage regarding the trespass and removal of tin-shed installed on the petitioner's property.
Kasaram Ramesh Kumar Goud
State of Telangana, Rep. by its Principal Secretary to Govt., Home Department
Commissioner of Police, Cyberabad
Deputy Commissioner of Police, Cyberabad, Balanagar Zone
Assistant Commissioner of Police, Cyberabad, Balanagar Zone
Station House Officer, Cyberabad, Sanathnagar police
Lalitha Kanneganti
As recorded by the court registry
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