Dismissed

Smt.Palle Suguna v. The State of Telangana

Telangana HC16 Dec 2023WP/21633/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner complained that police authorities failed to arrest accused persons or complete investigation in Crime No. 338/2022. Respondents claimed the case was closed due to matrimonial disputes. The High Court disposed of the petition without granting relief. It granted liberty to the petitioner to avail other legal remedies and closed pending miscellaneous petitions w

What did the court decide?

Liberty granted to petitioner to avail remedies under law. Writ petition disposed of. Miscellaneous petitions closed.

Smt.Palle Suguna Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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

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SATURDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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

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WRIT PETITION NO: 21633^{OF 2023}

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Between:

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Smt. Palle Suguna,^{W/o. Late P tt'tgllaReddy,Aged. about' 52 yeag,} -Ojj Aijiicuttrie, R/6.^{ttustutapurVittage,Thimmapur Mhndal, KarimnagarDistrict,} TS. Mobile No. 8639858237

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...PETITIONER

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AND

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l.TheStateofTelangana,rep.,byitsPrincipalSecretarytoGovernment,Home' o.ji"?ri",it, D;. B.R.'ftb..Idi ri rJrng";'a state secretariat, Hvderabad' TS'

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The Director^{General of Police,Telangana state, Lakidikapul,Hyderabad, TS.}

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The Commissioner^{of Police, Karimnagar, KarimnagarTown andDistrict'TS'}

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The Assistant^{commissionerof Police, Karimnagar, KarimnagarTown and} District, TS.

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The Deputy^{Commissionerof Police, Karimnagar' Karimnagar Town and} District, TS.

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6.TheStationHouseofficer/lnspectorof.Police,Karimnagar.llTown,Police - Station, Karimnagar Town and District, TS'

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...RESPONDENTS

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Petition under^{Article 226 of the constitutionof lndiaprayingthat in the} circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue a Writ of^{Mandamusor any other appropriate writ' order or} Direction more^{particularly one in the nature of Writ of mandamus' to declarethe} in action of the^{respondentsherernparticularly3rd respondentto 6th} respondents, Petitioner^{made aRepresentation to the Respondentson} 14tO7t2O23, neither^{arrest the accused in the crime' nor completedthe} investigation in^{the crinie, despite registered the Crime No 338/2022'dated'} 24t)sl2o22,andsameasbeenillegal,arbitrary,unlust,andit'snothingbut m|suseoftheirofficialpowersincludingcollustonwiththeaccusedinthecrime

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and also pecuniary advantage by abusing their positions as public servants, and' consequently direct the respondents herein, particularly 3rd respondent to 6th respondents, forthwith arrest the accused in the Crime, and complete investigation in respect of Crime No. 338t2022, dated. 24108t2022, which is registered by the 6th respondent Police Station.

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lA NO:¹ OF 2023

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue the directions to the respondents herein, particularly 3rd respondent to 6th respondents, forthwith arrest the accused in the crime, and complete investigation in respect of crime No. 33812022, dared. 24/0812022, which is registered by the 6th respondent pS, pending disposal of the main writ petition, in the interest of justice.

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Counsel for the Petitioner: SRI VEMPATI MALLIKARJUN SHASTRY

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Counsel for the Respondents: AGp FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.21633 OF 2023

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of

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India, -is liled seeking the following relief

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"...to issue a Writ of Mandamus or any other appropriate Writ, order or Direction more particularly one in the nature of writ of mandamus, to declare the inaction of tlle respondents herein, particularly respondent Nos.3 to 6, neither arrest the accused in the crime nor complete the investigation in the crime, despite registering the Crime No.338/2022, dated 24.O8.2O22, as illegal, arbitrary, unjust and it is nothing but misuse of their ofhcial powers including collusion with the accused in the crime and also pecuniary advantage by abusmg their positions as public servants, and consequentb/ direct the respondents herein, particularly respondent Nos.3 to 6, forthwith arrest the accused in the crime and complete the investigation in respect of Crime No.338/2022, dated 24.08.2022, which is registered b-v respondent No-6..."

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Heard learned counsel for the petitioner, learned Assistalt Government Pleader for Home appearing for the respondents a-rld perused the record.

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The grievance of the petitioner is that basing on her complaint, dated 23.O8.2022, though respondent No.6 registered a case in Crime No.338 of 2022 for the offence punishable under Section 306 read ,'ith 34 IPC, he is not completing investigation by conducting fair and^proper investigation.

I ,

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te arned Assistant Government pleader for Home, on instructions, would submit that basing on the complaint of the petitioner, respondent No.6 registered a case and took up investigation. But, during the course of investigation, he came to know that there are matrimonial disputes between the petitioner and her husband and accordingly, respondent No.6 closed the said complaint "as false."

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At this stage, learned counsel for the petitioner submitted that respondent No.6 has not furnished copy of the said closure report to the petitioner to enabre her to avail the remedies as available under law.

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In the view of the above submissions, the Writ Petition is disposed of gralting liberty to the petitioner to avail the remedies as available under law. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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SD/- MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //rRUE coPY// I / )___ SECTION OFFICER

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To,

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The Principal Secretary to Government, Home Department, Dr. B.R. Ambedkar Telangana State Secretariat, Hyderabad, State of Telangana.

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2- The Drrector ceneral of Police, Telangana State, Lakidikapul, Hyderabad, TS.

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3- The Commissioner of Police, Karimnagar, Karimnagar Town and District, TS.

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The Assistant Commissioner of Police, Karimnagar, Karimnagar Town and District, TS.

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The Deputy Commissioner of Police, Karimnagar, Karimnagar Town and District, TS.

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ffii

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The station^{House officer/lnspector oJ-Police, Karimnagar-llTown, Police} Station, Karimnagar^{Town and District,TS'}

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One CC to^{SRI VEMPATI MALLIKARJUN SHASTRY, Advocate[OPUC]}

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S.TwoCCstoGPFoRHoME'HighCourtfortheStateofTelanganaat Hyderabad [OUT]

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Two CD Copies BSR GJP

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I i ! I I i l i I J I ;i I I i I I i

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HIGH COURT

DATED: 16112t2023

ORDER

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WP.No.21633 of 2023

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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JD)4,

Smt.Palle Suguna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt.Palle Suguna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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