Dismissed

Jignesh Doshi v. The State of Telangana

Telangana HC5 Oct 2023WP/19653/2023

Case brief

AI extract

What is this about?

Petitioner challenged under Article 226 the police's delay in concluding investigation and filing charge sheet in Crime No. 385 of 2021. Court noted the investigation was completed and charge sheet filed, holding the grievance redressed and disposed of the petition without costs.

What did the court decide?

Writ petition dismissed as grievance redressed; order as costs against no one.

Jignesh Doshi Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

¶1

[^32e6 ]

¶2

HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD} (Special Original Jurisdiction)

¶3

THURSDAY ,THE FIFTH DAY OF^OCTOBER TWO THOUSAND AND^{TWENTY THREE}

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V.^{BHASKAR REDDY}

¶6

wRIT PETITION NO: 19653^{OF 2023}

¶7

Between

¶8

Jionesh Doshi, S/o Chandrakanth^{Joshi, Aged about 53 Years,Occ. Business,} Rl-o n.No.t-tO-106, Chrkkadapally,^{Hyderabad- 500020' Telangana.}

¶9

...PETITIONER

¶10

AND

¶11

1- The State of Telangana, Rep.^{by its Principal Secretary,Home Department,} Secretariat Buildings, Hyderabad-

¶12

The Director General of Police,^{Saifabad, LakdikapulRd, oppositeRavindra} Bharathi, Red Hills, Lakdikapul,^{Hyderabad, Telangana.}

¶13

The Commissioner of^{Police, Basheerbagh,Hyderabad.}

¶14

The Dy Commissioner of^{Police,North Zone, Nehru Nagar Colony, West} tvlarredpally, Secunderabad, Telangana^500026.

¶15

The Assistant Commissioner^{of Police, Chilkalguda Division, Budhanagar} Community Hall, Secunderabad,^Telangana.

¶16

The Station House^{Officer, Chilkalguda,Secunderabad.}

¶17

B. Phanish, S/o Hanumanth^{Rao, Agedabout36 years, Occ. Business, R/o} H.No.6-1-14211 , Flat No.101,^{Tutasi Nilayam, Padma RaoNagar,} Secunderabad.

¶18

B. Phankit @ Phankit^{Mehta,S/o NarendraKynlqr fi,lghtg'Aged about.40years,} Occ. Buiiness, Fl/o H.No-1-10-25011^{and 2' FlatNo.2,Kalyan Adobe, Ashok} Nagar, Hyderabad.

¶19

Smt. Santhoshi, W/o^{Phankit Mehta, Aged about 37 years, Occ. Secretaryto} Gujarathi Social Welfare Society,^{RJo H.No.1-10-25011and 2, Flat No 2'} Kalyan Adobe, Ashok Nagar,^Hyderabad.

¶20

...RESPONDENTS

¶21

Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavitfiled therewith,the High court may be}

¶22

pleased to rssue a writ, order or Direction one like writ of Mandamus declaring the action of the Respondents 2 to 6 in not concluding the investigation in crime No 385 of 2021 dt.16-07 -2021 and not filing the charge sheet as illegal, arbitrary, violative of principles of naturat justice, vrolative of Articles 14, 16, 19 & 21 of the constitution of lndia and consequen y direct the respondents 2 to 5 to conclude the fair investigation against the respondents 7 to g based on the registration of FIR No.385 of 2021 on the complaint of the petitioner dt.16-07 -2021 at an early date.

¶23

lA NO: 1 OF 2023

¶24

Petition under section 151 cpc praying that rn the circumstances stated in the affidavit filed in support of the petition. the High court may be pleased to direct the respondents 2 to 5 to complete the rnvestigation in crime No.3g5 of 2021 dt.16-07-2021 and file the final report expeditiously, pending disposal of the main Writ Petition.

¶25

Counsel for the Petitioner : SRl. D SUDHARSHAN

¶26

Counsel for the Respondent Nos.1 to 6 : AGp FOR HOME

¶27

Counsel forthe Respondent Nos.7 to 9: NONE APPEARED

¶28

The Court made the following: ORDER

¶29

,/.

¶30

THE HON'BLE SRT JUSTICE C. V. BHASKAR REDDY

¶31

WRIT PETITIO N No.19653 of 2023

¶32

ORDER:

¶33

The writ petition, under Article 226 of the Constitution oF

¶34

India, is filed by the petitioner, seeking the following relief:

¶35

"...to /ssue a Writ, Order or Direction one like Writ of Mandamus declaring the action of the Respondents 2 to 6 in not concluding the investigation in Crime No,3B5 of 2021 dt.16-07-2021 and not filing the charge sheet as tllegal arbitrary violative of principles of natural justice violative of Artictes 14, 16, 19 & 21 of the Constitution of India and consequenly direct the respondents 2 to 5 to conclude the fair investigatton against the respondents 7 to g based on the registration of FIR No.3B5 of 2021 on the complaint of the petitioner dt.16-07-2021 at an early date ..."

¶36

It is the case oF the petitioner that he lodged a complaint before the respondent No.6 and the same was registered as a case in Crime No.385/2021 against the respondent Nos.7 to 9 for the offences under Sections 467, 468, 47t, 4Lg, 420 IpC.

¶37

¶38

The grievance of the petitioner is that even though the said crime was registered on 16.07.2021, the respondent No.6 is neither conducting any investigation nor filing charge sheet before the concerned Court.

¶39

A counter affidavit has been filed by the respondent No.6 wherein it is stated that the respondents- police conducted investigation in a fair and transparent manner and after

¶40

¶41

G-I\ ''ES
\ <br>

¶42

compietion oF investigation, charge sheet has been filed vide C.C.No. t833,z2023 on the file of X Additionat Chief Metropolitan Magistrate, Secunderabad, and the same is pendi ing for triai. 5. Since rnvestigation tn Crrme No.385,22021 completed and charge has been sheet is also filed beforg 16s Chief Metropolitan Mag X Additional istrate, Secunderabad, the grie vance oF the petitioner stands redres sed.

¶43

6 Accordingly, this Writ petition rs disposed of.

¶44

As a sequel theret ''ttu'laneous^petitior 15' if any' pending shail stand crosed. ,o :o' )rder as to costs.

t'- iSS,r"yffiREffiI

//rRUE copy,

To,

Home Department, state or reransana, secretariat 2 i!lo!H,..fl;!"t;#i:,

¶51

J, 4 5. n,ff flip3fid163p$i'rtff '}ffi^:;;;: 6 7. 8. 9 ii$xs,smqftp,:'1"lt'm^:,-"- ;

$--

SB GJP

HIGH COURT

DATED:0511012023

ORDER

.dE SlArt
1 oA
,i: 'l:.
::,
>!
:)r_) 0 7 i'l0\l ?[?-3
:
-,:,
:

¶58

WP.No.19653 of 2023

¶59

DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

¶60

^SDl
19
<br>,

Jignesh Doshi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Jignesh Doshi 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

Parties & counsel

Coram

Case details

Similar cases

Erumalla Pushpa Vs The State Of Telangana

Sri Sai Ram Chemicals Vs The Station House Officer

Madaraboina Rajender Vs The State of Telangana

Islavath Shakru, Vs The State of Telangana

Annaboina Tirupathi Yadav Vs State of Telangana

Bura Janakiram, Vs The State of Telangana