In this writ petition, the petitioner challenged the inaction of the 4th respondent regarding an investigation, recovery of money, and passport seizure of the 5th respondent. The court held that the investigation was completed and the grievance was redressed.
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HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
WEDNESDAY, THEEIGHTH DAY OF NOVEMBER TWO THOUSANDAND TWENTYTHREE
PRESENT
THE HONOURABLESRI JUSTICEC.V.BHASKAR REDDY
w IT PETITI NNO:1 816 0F o23
Between:
...PETITIONER
AND
...RESPONDENTS
Petition under Arlicle226 of the constitution of lndia praying that in the circumstances statedin the affidavil filed therewith, the High court maybe pleasedtoissueawrit,orderordirectionmoreparticularlyoneinthenatureof Writ of Mandamus declaringthe action of the 4th respondent in not investigatingin F.l.R'No.1o3ot2023,daled1olo7/2023ofKalapattarP.S.,Hyderabadandnot recovering thepetitioner's moneyof Rs.3.00 Lakhsand 42 tulas goldfrom respondent No. 5 to depositthe same on the name of petitioner's minor daughter Airah Qadeer for her developmenteducation, marriage,etc', and not taking action
on the culprits and not seizing the Passport No. T 8136942 of the respondentNo. 5 as illegal, arbitrary and in violation of Principles ofNatural Justiceandin violation of Articles 14, 16, 19,21 and 3004 of the Constitution oflndia, consequently direct the respondent No.4 to recover thepet tionersmoney of Rs.3.00 Lakhs and 42 Tulasgold from respondent No.S to depositthe same on the name ofpetitioners minor daughter Airah Qadeerfor her education, marriage, development etc., and investigate in the FIR No. 103 of2023and to seize the Passport No. T 8'136942 of the 5th respondent and todepositthe passport before concerned Magistrate Court and to restrain illegal travelfrom Hyderabadto U.S.A. of the 5th respondent.
lA NO:'t OF 2023
Petition under Section 151 CPCpraying thatin thecircumstancesstated in the affidavit filed in support of thepetition, theHigh Court may be pleased to direct the respondent No.4 to recover thepetitioner's money of Rs.3.00 Lakhs and 42 Tulas gold from respondent No.5 to depositthe same on the name of petitioner's minor daughter Airah Qadeer for her education,marriage, development etc., by investigating in the FIR No. 103 ol 2O23 by seizingthe Passport No. T 8'136942of the 5th respondent by depositing thepassportbefore concerned Magistrate Court by restraining illegal travel from Hyderabadto U.S.A.of the 5th respondent pending disposal of the above Writ Petition.
IA NO 20F 2023
Petition under Section 151 CPCprayingthat in the circumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleased to direct the respondent No. 3 to takeit into ChildAirah Qadeer S/o. QadeerMohammed with the help of Women and Child WelfareDepartment to show in front of the petitioner and permit to take care of welfare, education and daily things toprovide food and shelter and look after school educationin Bachpan School at Yousufguda, Krishna Nagar, daily to attend Schooltimingswith a womenatlender the entire expenditure ready to bear by thepetitionerand to continuethe blood relation father and daughter with thepermission of this Hon'ble Courtfrom the hands of 5th respondent and her henchmen by recoveringthe Gold Ornaments42 Tulas and Rs.3.00 Lakhs Cash to deposit the samein the Nationalized Bank at
Old City for the welfare of petitioner's daughter pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRl. VENKATA RAGHU MANNEPALLI Counsel for the Respondent No.l to 4: GP FOR HOME
Counsel for the Respondent No.5: NONE APPEARED
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION o.18816 of 2023
ORDER
This Writ Petition, under Article 226 of theConstitution of
India, is filed by thepetitioner, seekingthe followingrelief:
"...to lssue a writ, order or direction moreparticularly onein the nature of writ of Mandamus declaringthe actionof the4th respondent in not investigating lnF.l.R.No,103of 2023, dated 10' 07-2023 of Kalapattar P.5., Hyderabadand not recovering the petitioner's money of Rs.3.00 Lakhs and 42 tulasgoldfrom respondent No. 5 to deposit the same on the nameof petitioner's minor dauqhter Airah Qadeer for her developmenteducation, marriage, etc., and not taking action on theculpritsand not setzing the Passport No.T 8136942 ofthe respondentNo.S as illegat, arbitrary and in violation ofPrinciplesof Natural lustice and in violation of Articles 14, 16, 19, 21 and 300A ofthe Constitution of India, consequently direct the respondentNo.4 to recaverthe petitioner's money of Rs.3.00 Lakhs and 42 Tulasgold from respondent No.5 to deposit the same on thename of petitioner's minor daughter Airah Qadeer for hereducation,marriage, development etc., and investigate inthe FIR No.103 of 2023and to seize the Passport No. T 8136942 of thegh respondentandto deposit thepassport before concernedMagistrateCourt andto restrain illegal travel from Hyderabad to U.s.A. ofthe5th responden t..."
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2
was registered as a case in Crime No.103/2023 dated 10.07.2023 for the offences under Sections 406, 420,506 rlw 34 of IpC but till date, respondent No.3 is neither conducting investigation nor filing charge sheet before the concerned Court.
3
oF.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed. No order as to costs.
SD/-K.SREERAU4!198#I / ASSISTANT REglstrRAR sEcrtoN Vr,"a*
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HIGH COURT
DATED:0811112023
ORDER
WP.No.18816 of 2023
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DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
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3 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the 4th respondent to investigate FIR No. 103 of 2023 and recover money from the 5th respondent.
Whether the court should direct the 4th respondent to seize the passport of the 5th respondent to restrain her travel to the USA.
Whether the petitioner is entitled to seek custody of the minor child through a separate application before the competent Court.
Qadeer Mohammed
The State of Telangana
The Commissioner of Police, Hyderabad City
The Station House Officer, Kalapattar Police Station
The Immigration Officer, Rajiv Gandhi International Airport
Faizunnisa Begum
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
