Dismissed

Yeruva Hari Shankar Reddy v. The State of Telangana

Telangana HC8 Jun 2023WP/10689/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to complete police investigation and file charge sheet in an IPC case involving alleged fraud and forgery. Court directed petitioner to submit documents within two weeks so police can file charge sheet in four months.

What did the court decide?

Directed petitioner to submit relevant documents to police within two weeks; police to record statement and file charge sheet within four months thereafter.

Yeruva Hari Shankar Reddy Vs The State of Telangana — Cheating and Forgery | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THI]RSDAY THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

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{

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PRESE NT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:^'10589 OF 2023

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Eetween:

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Yeruva Hari Shankar Reddy, S/o, Yeruva Avula Reddy (Late), aged about 43 years. Occupation lT and GIS Services, R/o. 4-18, Railvihar, Nallagandla, Serlingampally. Rangareddy District, Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Represented by its Principal Secretary, Home Department, Telangana Secretariat, Hyderabad.

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2 The Director General of Police, State of Telangana, Hyderabad. 3 The Commissioner of Police, Cyberabad, Hyderabad-500032.

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4 The Deputy Commissioner of Police, Madhapur Zone, Cyberabad, Madhapur, Hyderabad.

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The Station House Offlcer, Chandanagar Police Station, Chandanagar, Hyderabad- 500050.

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The Sub-lnspector of Police, Chandanagar Police Station, Chandanagar, Hyderabad -500050

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Mr. Yeruva Harshavardhan Reddy, S/o. Yeruva Avula Reddy, aged about 32 years, Occ. Pvt. Employee, Employee ld-l09504656 Working at Amazon Development Centre lndia Pvt Ltd., Aquila Building, Bagmane Consultation Service Road, Ferns City, Doddanekkundi, Bengaluru, Karnataka-560048, lndia

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...RESPONDENTS

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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 a Wrat or Writs, Order or Direction more in the nature of WRIT OF t\iIANDAMUS declaring the action of Respondent nos. 5 and 6 an not initiating suitable action against unofficial respondenUaccused/ Respondent No.7 for cheating, forgery, criminal intimidation, and other activities and not completing the procedu,re contemplated under Cr.P.C. for filing final report in Cr.No.79112022 dated 16/09/2021 on the file of Respondent No.5 as illegal,

arbitrary and colourable exercise and misuse of powers conternplated under law and consequently, direct the respondent Nos.5 and 6 to complete the^procedure including filing of chafge sheet in cr.No.791l2O22 dated 16/09/2021^on the file of Respondent No 5

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be^pleased to direct the respondent nos. 2. 3 and 4 to initiate appropriate action against the Respondent nos. 5 and 6 for delaying the process and respondents nos. 5 and 7 for subverting the process and closing the earlier petition filed on^gth May 2022 without any consent or intimation to the petitioner, pending disposal of the above writ petition.

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lA NO: 2 OF 2023

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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 darect the respondent Nos.3 and 4 to examine the evidence and determine the applicability of Sections 154 and 467, which were not included by respondent nos.5 and 6 when registe!-rng the FlR, despite being specifically mentioned in writing in the complaint lodged on September 151h, 2022 and brought to the attention of both respondents by the petitioner.

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lA NO: 3 OF 2023

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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 transfer the said crime and further investigation to lX Addl. Metropolitan Magistrate, Kukatpally to monitor the case and take necessary steps to ensure a fair and speedy trial.

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Counsel for the Petitioner: SRI A.P. REDDY

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Counsel for the Respondents: ASST. GP FOR HOME

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The Court made the following: ORDER

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TIIIi HON'I}LE SRI JUS'I'ICI' C.V. BHASKAR RI.]DDY WI(IT PETITION No.10689 of 2023

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ORDEIT:

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This Writ Petition has been filed seeking a direction to the respondent police to complete the investigation and to file charge sheet in Crime No.79l of 2022 registered for the ollences punishable under Sections 420,468 ard 471 IPC on the file ol Chandanagar Police Station, Cyberabad, based on petitioner's complaint dated 16.09.2022 lodged against respondent No.7, who is his younger brother, and for other reliefs.

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The case of the petitioner is that he gifted a house bearing No.4-18, Rail Vihar, Nallagandla, Serlingampally, Ranga Reddy District, to his wife vide registered Gift Settlement Deed No.7524/2021 and the said property was

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assessed to propefty tax. It is the further case of the petitioner that respondent No.7 has forged the signatures of himself and

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his wife and created certain documents to knock away the

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cvBR..l 2 u P No I0589 ot 2023

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above said valuable propefty and basing on the said docurnents, interfered with lrossession and also {iled O.S.No.2l5 of 2021 in the Court of XV Additional District Judge, Ranga Reddy, seeking cancellation of the above said Gift Settlement Deed, and the said suit is pending. The rnain grievance of the petitioner is that he has lodged a complaint before the police against respondent No.7 and ttre same was registered as FIR.No.79l of 2022 lbr the offences punishable under Sections 420, 468 and 471 IPC on the file of Chandanagar Police Station, Cyberabad, but so far, the respondent police have not completed the investigation and filed the charge sheet against respondent No.7.

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Learned Assistant Government Pleader lbr Home appearing for the respondent police has submitted that the petitioner is not .cooperating lor completing the investigation and as such, the matter is not proceeded further. IIe has further submitted that the respondent police have issued;r notice dated 19.09.2022 under Section 91(a) Cr.P.C. to the petitioner to

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appear belbre then.r along with relevant documents to record his statement so as to enable them to complete the invcstigation and to Ille charge sheet against respondent No.7.

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In vicw of the above, this Writ Petition is disposed of directing the petitioner to approach the respondent police and submit relevant documents, within a period of two (2) weeks frorn today and thereupon, the respondent police shall record the statement of the petitioner and conclude the investigation in Crime No.79 I of 2022 and file a charge sheet within a period of four (4) months thereafter.

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Misccllaneous applications, if any pending, shall stand

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closed. There shall be no order as to costs.

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SD/-C. PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI A.P. REDDY, Advocate IOPUC] Z iwo CCs to GP^{FOR HOME, HighCouri for thdStateof TelanganalOUTl} 3. Two CD Copies BN GJ'

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HIGH COURT

DATED:0810G12023

ORDER

WP.No.10689^{of 2023}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT^COSTS

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Yeruva Hari Shankar Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Yeruva Hari Shankar Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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