The High Court of Telangana heard a writ petition challenging the registration of an FIR and sought police protection. The Assistant Government Pleader and unofficial respondent conceded the underlying case was closed due to lack of evidence, leading the Court to dismiss the petition as infructuous.
Mention
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION NO: 17040 OF 2014
Between
K.Chandrakala, Wo. K.Jalandhar, aged about 43 years, Occ : Housewife, 3-5, Opp. Bus Stand, Nagari, Chittoor.
...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 order or direction more particularly in the nature of Writ of Mandamus by declaring the action of the Respondents 3 and 4 in registering FIR No.67 ol 2014 on the file of Meerpet Police Station as illegal, arbitrary, unconstitutiona l, against the principles of Natural Justice and violative of Article 14, 19 and 21 oi Constitution of lndia and selaside the same and direct the Respondents No.3 and 4 to give Police Protection to the Petitioner and to her property in pursuance to Decree and Lok Adalath Award dated 21-O1-2O14 in O.S.No.772 of 2011.
l.A. NO: 2 OF 2o14(UIPMP. NO: 21237 OF 2014
Petition rrnder iit:ction 151 CPC praying that in the cirr:urnst.ances stated in the affidavit filed in s rpport of the petitron, the High Corrrt may :e tleased to stay all further proceed rng s including Arrest of the Petrtioner in Fltl lrlo.rlT o'f 2014 and pass such othe. ord€ ' or orders as the Hon'ble Court may de,)rrls f t and proper in the interest of .1r-rsti<;r-. rending disposal of the above writ petitiorr.
l.A. NO: 1 OF 2014(t! PMP. NO: 21236 OF 2014
Petition r-rndr-.r iection 151 CPC praying thal in the circu-rstances stated in the affidavit filed in sr Dl)od of the petition, the High Courl may b: pleased to direct the Respondenls No .| & 4 to give Police Protection to the [)e.itioner and to her property in pursuanc,: to Decree and Lok Adalath Avrard ( aled 21-01-2014 in O.S.No.772 of 2011
Counstl for the Petit orrer : SRl. PILLIX LAW FIRM
Counsel for the Resl orrdent 1 to 5 : AGP FOR HOME
Counsel for the Resl otrdent Nos.6 : Ms.C HARI PREE.l'H
The Court made the ollowing: ORDER
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.17O4O of 2O14
ORDER:
Heard Learned counsel for thepetitioner. SriC.Hari Preeth, learned counsel for the unofficial respondentNo.5 is present and Sri Sai Ram, learned Assistant Government Pteader for Home ispresent.
Z. This writ petition is fited with aprayer to issuean order ) or direction more particutarty in the nature of Writ of Mandamus by declaring the action of the respondent Nos. 3 & 4 in registering FIR No.67 of 2014 on the fite of Meerpet Police Station as iltegat, arbitrary, unconstitutional, against theprinciptes of Natural Justice and violative of Articte14,19
&. 21 of Constitution of lndia and set-aside the same and direct the respondent Nos 3 & 4 togive Potice Protection to the petitioner and to her property in pursuance toDecree
EVV,J wP 17040 2014
2
and Lok A latath Award dated 21 .01.2014 in 0.S.No.772 of 2011.
'4. Learnr d counseI for the unofficiat -espcn{lent No.5 atso concedes tl e same.
EW,J wP L7040 201,4
I
3
this Court is inctined to dismiss this writ petition AS
infructuous.
As a sequet, miscettaneous petitions, pending if any,
shatl stand closed.
//TRUE coPY//
SD/- K, VENKAIAH ASSlsrAfEGlsrRAR
SECTION OFFICER
To,
SB GJP *]"
HIGH COUR''
DATED:23101;12023
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ORDER
WP.No.1704( of 2014
DISMISSING IHE WRIT PETITION AS INFRUCT JOUS WITHOUT C(ISTS
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1 issue framed by the court
Whether the writ petition challenging the registration of an FIR should be maintained given that the underlying investigation was closed due to lack of evidence.
K. Chandrakala
State of Telangana
Commissioner of Police, Cyberabad
Asst. Commissioner of Police, L.B-Nagar
Station House Officer, Meerpet
Sri Devender
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
