Disposed

Erikilla Purushotham v. The State of Telangana and 10 Others

Telangana HC2 Mar 2022WP/3080/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking a declaration that police inaction was arbitrary and a direction to complete investigation into a crime registered under IPC and SC/ST Act provisions within a specified time.

What did the court decide?

Directed the investigating officer to expedite the investigation and file a final report in accordance with law.

Erikilla Purushotham Vs The State of Telangana… — Writ and Judicial Review | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special O rig ina I Jurisdiction)

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WEDNESDAY ,THE SECOND DAY OF N4ARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE DR. JUSTICE SHAMEEM AKTHER

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WRIT PETITION NO: 3080 OF 2021

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Between:

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Erikilla Purushotham, S/o.Late Erikila Venkati, Age about 45^years R/o H.No.5-13,ZPHS School, Naspur Village and^{lVlandal,Ir,4ancherial} District, Telangana state -504302

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...pETrroNER

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AND

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The State of Telangana, Rep. by Principal Secretary Home Department, Secretariat Buildings, Hyderabad.

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The Director General of Police, State of Telangana, DGP Office Lakdikapool, Hyderabad.

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The Commissioner of Police, Ramagundam, Ramagundam^Police Commisssionarate, Police Head Quarters, Opp. PTS 2nd Gate,^NTPC, Srinagar Colony, Beside Solar^plant, lVancherial District,^{T.S.- 505215.}

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Deputy Commisioiner of Police,^{lr,4ancherial,.} DCP Office,^{l,4ancherialZone,} Old RDO Office, Bellampalli Road,^I,4ancherial District,^{T.S.504 208.}

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Assistance Commsisioner of Police, lvlancherial Division,^{IVlancherialDistrict.} 6. The Station House Officer, CCC Naspur Police Station, Naspur^Mandal, tt4ancherial District.

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Damodar Lal Bung, S/o Chandulal Bung, l,4ukaram Chaurastha, Opp.^Parallel Kirana Store, Beside Krishana Temple, Mancherial,^{lVlancherialDistrict.}

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Suresh kumar Bang, S/o Chandu Lal Bung, Mukaram Chaurastha,^Opp. Parallel Kirana Stoie, Beside Krishana Temple, IVlancherial,^[,4ancherial District.

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Leela Bai Bang, W/o Suresh Kumar Bung,^l\rlukaram Chaurastha,^Opp. Parallel Kirana Store, Beside Krishana Temple, Mancherial,^lt4ancherial District.

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'10. Palle Rayamallu, S/o Lasmaiaih, Age. 35 years, Occ. Real estate Buisness, Thallapalli, Naspur Village and Mandal, lvlancherial District

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1 1. Peddapalli Lachanna, S/o lr,4allaiah, Age. 43^years, Occ. Real estate Business, Thallapalli, Naspur Village and^{lVlandal, IVlancherialdistrict.}

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court may be} pleased to issue a writ, order or direction more particularly one in the nature of Writ of lVandamus by declaring the action of lhe^{respondenls 2 to 6 in not} investigating and arresting the 7 to 11 respondents^{in connection with CrimeNo.} 33112020 dated 0811212020 for offences Under Sections^{294 (b), 506 riw 149}

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lPC, Section 3(1)(rXs), 3^{(2) (Va) of SC ST (KlV) Act20'15 on the file of P S CCC} Naspur, Mancherial District as^{illegal, arbitrary, unjust,unreasonableand} violative of Article 14,21 0f^{The constitution of lndia and in violationof the} provisions contemplated under the SCs and^{STs (POA) act 1989 especially in} violation of section^{4 of the SCsand STs (POA)act 1989 and consequently} direct the respondents^{2 to 6 to arrestthe 7 to 1'1 respondents and to complete} the investigation of^{crimeNo. 331/2020within the specifiedtime and to file the} charge sheet/final report^{in to the special court and to provide reliefs entitled} under the SCs and STs^{(POA) act 19Bg in the interest of justice.} lA NO: 1 OF 2021

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Petition under Section 151^{cPC prayingthat in the cjrcumstancesstated} in the affidavit filed^{in supportof the petition,the High court may be pleasedto} direct the respondents^{2 to 6 to arrestthe 7 to 1'1 respondents and to complete} the investigation of crime^{No. 331/2020daled 0811212020 for offencesUnder} Sections 294^(b),506 r/w^{149 lPC, Section 3(1)(r)(s), 3 (2) (Va) of SC ST (POA)} Act 2015 on the file of^{P.S.CCC Naspur, Mancherial District withinthe specified} time and to file the charge^{sheet/final report intb the special court and to provide} reliefs entifled under the scs^{and sTs (PoA) act 1989 in the interest of justice.} Counsel for the Petitioner^{: SRI K' KIRAN KUMAR} Counsel forthe flespondent^{Nos.1to 6: SRI A. MANOJ KUMAR,}

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AGP FOR HOME

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Counsel for the Respondent^{Nos.7 to 11:'-----}

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The Court made the following:^ORDER

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THE HON'BLE Dr. IUSTICE SHAMEEM AKTHER

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WRIT PETITION No.3O8O OF 2021

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ORDER:

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This Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the inaction of respondent Nos.2 and 6 in investigating and arresting the unofficial respondent Nos,7 to 11 in connection with Crime No,331 of 2020 of CCC Naspur Police Station, Mancherial District, as illegal and arbitrary and consequently, to direct the respondent Nos.2 to 6 to arrest the unofficial respondent Nos,7 to 11 and to complete investigation and file charge sheet/final report in the subject crime.

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2 Hea rd, Perused the record

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3, The grievance of the petitioner is that though the subject Crirne No.331 of 2O2A of CCC Naspur Police Station, Mancherial District, was registered in the^year 2020 for the offences under Sections 294(b) and 506 read with 149 IPC and Sections 3(r)(r)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes^(Prevention of Atrocities) Act, investigation has not been completed so far in the subject crime.

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4, Under these circumstances, the Investigating^Officer concerned is directed to expedite^{investigation} in the^subject crime, if not investigated so far, and file final^report,in accordance with law.

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With the above direction, the Writ Petition is disposed of.

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Miscellaneous Petitions, if any,^pending in this Writ Petition

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shall stand closed, There shall be no order as to costs.

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SD/.B.SATYAVATHI ASSISTANT REGISTRAR

To,

,TRUE COPY'

secrrd$!rrrcen

The Principal Secretary Home Department,^{State of Telangana, Secretariat} Buildings, Hyderabad.

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The Diiectoi General of Police, State^{of Telangana,DGPOffice Lakdikapool.} Hvderabad.

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a Tire Commissioner of Police, Ramagundam,^{RamagundamPolice} Commisssronarate, Police Head Quarters,^{Opp. PTS 2ndGate, NTPC,} Srinagar Colony, Beside Solar^{plant, N,4ancherialDistrict,T.S.- 505215.}

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4 Deou[v Commiiiorner of Police,^{Itr]ancherial,DCP Office, Manchetial Zooe,} Old RDO Office, Bellampalli^{Road, Mancherial District,T.S. 504208.}

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5 Assistance Commsisioner of^{Police, Mancherial Division, Mancherial District.} o The Station House Officer, CCC^{Naspur Police Station, Naspur lvlandal.} lMancherial District.

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