Disposed

Khaja Nawazuddin v. The State Of Telangana

Telangana HC19 Dec 2023WP/21292/2023

Case brief

AI extract

What is this about?

This writ petition under Article 226 sought mandamus to compel registration of a cyber fraud complaint against an accused who allegedly sent his complaint via external courier which was returned undelivered. The court directed the petitioner to submit the written complaint to the SHO for examination within one week before deciding the petition further.

What did the court decide?

Petitioner directed to submit written complaint dated 20.07.2023 to Respondent No.3 within one week for examination.

Khaja Nawazuddin Vs The State Of Telangana — Cheating and Forgery | Telangana HC (2023)

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

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TUESDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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wRtT PET|T|ON NO.21292 0F 2023

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Between:

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Khaja Nawazuddin, S/o. Khaja Basheeruddin, Age 30 Yrs., Occ: Business, RIo. Kandikal Hafez Baba Nagar Chandrayanagutta Hyderabad Telangana-500058

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...PETITIONER

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AND

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1 The State of Telangana, Reptd. By its Principal Secretary Home department Secretariat, Hyderabad, Telangana

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2 The Police Commissioner, Hyderabad Police Commissioner Banjara Hills Road No.'12 Hyderabad T.S .500034

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3 Station House Officer, The Chandrayanagutta Police Station Dastagirnagar, Kesav Girl, Chandrayangutta, Hyderabad, Telangana 500005

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4 Lalit Tiwari, Aged about: not known to the petitioner occ: fashion hub Rlio Not Known to the Petitioner Cyber Fraud. Details Not Known

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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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondent No.3 considering the Petitioner's representation dated 2010712023 for not registering the crime against the Respondents No.4 herein for threatening the petitioner, cheating and committing cyber fraud here in which is illegal, arbitrary in the interests of^justice and pass such orders as deemed fit and proper in the circumstances in the interests of justice. Consequently direct respondent 2 and 3 to register the

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complaint made by the petitioner dared 2010712023 against respondents 4 and take up the investigate there of pending disposal of the main writ petition in the interests of justice.

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lA NO: 1 OF 2023

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Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to freeze the bank account of respondent no 4 with Upl lD payalv erma2611@oksbi and Ref ld. ccN0446165 lfsc code. tctc00oo300 Branch. Ujjain with the same account NAIVIE Fashion Hub, coRpoRATE pending disposal of the above wril petition.

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Counsel for the Petitioner: SMT. M. MADHAVI LATHA

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Counsel for the Respondent Nos. 1 to 3: AGp FOR HOME Gounsel for the Respondent No.4: --

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The Court made the following: ORDER

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

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t I

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, i}

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WRIT PETITION^{No.2 ,-2920F 20.23}

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ORDER:

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This Writ Petition,^{underArticle 226 of the Constitution of}

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India, is hled seeking^{the following relief:}

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"to issue any^{writ, order ordirectionmore} particularly one in^{the natrrreof writ of Mandamus} i..i".i.g^{tlhe inactionof respondentNo3 in considering the} petitione"r's representation,^{dated20 07 2023 fornot} i.eist..ing the^{crime againstthe respondent No'4 herein.for} tf,?.ut..,iie the^{petitioner'cheating andcommitting cyber} iraud here" in *'hi"h^{i" illegal,arbitraryarrd consequently} Ji.ect .espondent^{Nos.2 and 3 to registerthe complaint} -aae^{Uy tnepetitioner, dated20 'O7 2023against} r."p""a.ir, No.4^{and take up the investigationthereof} dd-; disposal of the^{mainwrit petition in the interests of} justice..."

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Heard learned^{counsei for the petitioner'learned} Assistant Government^{Pleader forHome appearing for} respondent Nos.1^{to 3 and perused the record'}

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The case of the^{petitioner is that he submitteda} written complaint,^{d'ated 2O.O72023, before respondentNos 2} and 3 to register^{a case against respondent No'4It is further} case of the petitioner^{that even after receipt of said complaint' no} case is registered^{fortakingappropriateaction against} respondent No.4.

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Learned Assistant^{GovernmentPleaderfor Home'on} instructions, would^{sut,mit that the written complaint'dated} 20.O7.2023 alleged^{to have been sent to respondentNos 2 and 3}

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was not received by the respondents and the same was returned to the sender. Learned counsel further submitted that in view of non-receipt of complaint, the respondent-police have not taken ariy action against the said complaint.

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In view of the said submissions, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit a copy of the written complaint, dated 2O.OT.2O23 to respondent No.3 within one week from the date of recerpt of a copy of this order and on receipt of such complaint, respondent No.3 is directed to examine the same and take appropriate action, in accordance with iaw.

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With the above observations, the Writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions if any, pending in this Writ

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Petition shall stand closed.

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SD/- P.Ch. NAGABHUSHAMBA ASSISTANT FEGJSTRAR //TRUE COPY// V SECTION OFFICER

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To,

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The Principql Secretary Home Department, State of Telangana, Secretariat, Hyderabad, Telangana

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The Police Commissioner, Hyderabad Police Commissioner Banjara Hills Road No.12 Hyderabad T.S .500034

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The Station House Officer, The Chandrayanag utta police Station D^a^stagirnagar, Kesav Girl, Cha nd raya ngutta,^'Hyd"erabad, Telangana - 500005

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One CC to Smt. M. MADHAVI LATHA, Advocate [OPUC]

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Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

GJPMP $5

HIGH COURT

DATED:1911212023

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s<br>ORDER
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WP.No.21292 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Khaja Nawazuddin v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

Khaja Nawazuddin v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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