Disposed

Syed Saeed Mohiuddin Aasim v. State of Telangana

Telangana HC11 Dec 2023WP/20259/2023

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition seeking a direction to register an FIR and complete an investigation. The Court found a preliminary enquiry revealed civil disputes. It directed the Station House Officer to serve a copy of the closure report to the petitioners for remedy under law. No costs awarded.

What did the court decide?

Respondent No. 4 (SHO) directed to furnish a copy of the closure report to the petitioners.

Syed Saeed Mohiuddin Aasim Vs State of Telangana — Service and Employment | Telangana HC (2023)

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[³²⁹⁶ ]

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

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MONDAY,THE ELEVENTH DAY OF DECEN/BER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REODY

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WRIT PETITION NO: 20259 OF 2023

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Between:

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I Syed Saeed Mohiuddin Aasim, S/o. Late Syed Mahmood Waheeduddin, Aged about 54 years, R/o. H. No. 10-2-508, Asif Nagar, Hyderabad, Telangaha, Presently staying at California, United States of America. Represented by GPA Holder Mr. Syed Mohammed Abdul Quddus S/o. Syed Mohd. AbdJl Qader, aged about 35 years, Occupation. Private Employee, R/oH No.22-6286, Kouche Naseem, lrani Galli, Machli Koman, Hyderabad,T.S.,

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2 Syed Zubair Mohiuddin Kazim, Aged about 54 years, Rl/o. H. No. 10-2-508, Asif Nagar, Hyderabad, Telangana, Presently staying at 555 Chapman Dr. Campbell CA 95008. Both represented by. Syed Mohammed Abdui.Quddus, FJo. 22-6-286, Kouche Naseem, Irani Galli, Machli Koman Hyderabad - 500002. Represented by GPA Holder Mr. Syed Mohammed Abdul Ouddus Sio. Syed Mohd. Abdul Qader, aged about 35 years, Occupation. Private Employee, Fl/o H No. 22-6-286, Kouche Naseem, lrani Galli, Machli Koman, HYderabad'T'S

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AND

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..pETtroNERs

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State of Telangana, represented by its Principal Secretary to Government, Department of Home, BRKR Bhavan, Tank Bund, Hyderabad, Telangana.

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Commissioner of Police, Hyderabad Police. Commissionerate Road Number 12, Baryara Hills, 500034

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Assistant Commissioner of Police, 9CWR + 6W7, Mehdipatnam Rd, Royal Colony, Humayun Nagar, Hyderabad, Telangana-50002

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4- Station House Officer, Humayun Nagar Police Station, Shanthi Nagar, Police quarters, Asif Nagar, Hyderabad, Telangana - 500028

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IVlr. Subhan Al Habshi, S/o. Subhan Bin Yousuf Al Habshi Aged about 56 years, Occ. Business R/o. H.No. 4-188116, K.T.T. Colony, Rajendranagar, Kismathpur, Rajendranagar, K.V. Ranga Reddy, Telangana State-

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Mr. Mohammad Bin Jalaal alias Shakir, S/o. lvlohammed Sin Subhan Al Habshi Aged about 28 years, Occ. Business, Rl/o. Plot No. 562, P and T Colony, Rajendranagar, K.V. Ranga Reddy, Telangana State.

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Syed [Vlushtaqullah Hussaini, S/o. Syed Waheedullah Hussaini, Rl/o. H.No. 4-188119, K.T.T, Colony, Rajendranagar, Kasmathpur, K.V. Ranga Reddy, Telangana State.

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lvlohammed Bin Sadiq, S/o. Mohammed Bin Subhan Al Habshi, Rio. H-No. 4-188116, K.T.T.Colony, Menthanagar, Kismathpur, K.V. Ranga Reddy, Telangana state'

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...RESP.NDENTS

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Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a direction, order or writ more particurarry in the nature of writ of Mandamus' decraring the inaction of Respondent Nos. 2 to 4 in not conducting an enquiry and rodging an FrR on the compraint dated 21ro2t2023 as iregar and arbitrary and viorative of Articre 14 0f Indian constitution and provisions of cr.p.c and further direct the Respondent No.4 to register an FrR on the compraint dated 2'r ro2/2023 under section 15a() crpc against the Accused persons and expeditiousry comprete the said investigation in a just, transparent and fair manner, without any influence IA NO: 10F 2023

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Petition under Section 1 51 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent No.4 to register FIR in respe ct of the complaint dated 2110212023 and proceed with lnvestigation thereby

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Counsel for the petitioner: M/s. SHIREEN SETHNA BARIA Counsel forthe Respondent Nos. 1to4: AGp FOR HOME

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Counset for the Respondent Nos. 5to8: SRt A. NAJEEB KHAN The Court made the foltowing: ORDER

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\ \

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THE HON'BLE SRI JUSTICE C.V. BHASKAR^REDDY

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WRIT PETITION No.20259 of 2023

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners, seeking the following relief:

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"...to issue a direction, order or writ more particularly in the nature of Writ of Mandamus, declaring the inaction of^{Respondent Nos' 2 to 4 in} not conducting an enquiry and lodging an^FIR on the complaint dated 21.02.2023 as illegal and arbitrary and violative^of Article¹⁴ of^Indian Constitution and provisions of Cr.P.C and further direct^the Respondent No.4 to register an FIR on the complaint^dated 21.02.2023 under Section 154(1) Cr.P.C against the^{Accused persons} and expeditiously complete the said investigation in a^just, transparent and fair manner, without any influence..."

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The grievance of the^petitioners is that even after^receipt of the complaint dated 21.02.2023 submitted by them, the^respondent No.4 is not registering the case and taking appropriate^action against the persons mentioned in the complaint.

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The learned Assistant Government Pleader for Home^has submitted that soon after receipt of the complaint^dated 21,.02.2023 submitted by the^petitioners, the respondent^No.4 conducted preliminary enquiry, wherein it was^{revealed thatthere} are civil disputes bettryeen the^parties and as such,^{the complaintof} the petitioners was closed as^"civil in nature".

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The learned counsel for the petitioner has submitted that the petitioners have not received the copy of closure report and therefore, sought a direction to the responCent No.4 to serve a copy of closure report to the petitioners to enable them to avail the remedies available under law.

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In view of the above submissions, this Writ^petition is disposed of and the respondent No.4 is directed to furnish a copy of closure report to the petitioners to enable them to avail the remedies as available under law.

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As a sequel, miscellaneous applications pending if any in this writ petition, shall stand closed. No costs.

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SD/. C. PRAVEEN KUMAR ASSISTANT REGI

To,

//TRUE COPY//

SECTION OFFICER

'1 . Station House Officer, Humayun Nagar Police Station, Shanthi Nagar, Police quarters, Asif Nagar, Hyderabad, Telangana - 500028

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1. lwo CCs to GP FOR HOME ,High Court for the State of Telangana, at Hyderabad [OUT]

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One CC to SRl. A. NAJEEB KHAN, Advocate [OPUC]

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One CC to SRl. SHIREEN SETHNA BARIA Advocate [OPUC] 5. Two CD Copies BM

GJP

Puq

HIGH COURT

DATED:1 111212023

ORDER

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WP.No.20259 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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-eAt#

Syed Saeed Mohiuddin Aasim v. State of Telangana

Case brief

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Syed Saeed Mohiuddin Aasim v. State of Telangana

Case brief

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