Disposed

Humaira Anjum v. The State of Telangana

Telangana HC13 Dec 2023WP/21818/2023

Case brief

AI extract

What is this about?

Writ petition under Article 226 challenging non-investigation by police in three FIRs. Court directed XVI Additional Metropolitan Magistrate to verify charge sheets filed by police and number them to proceed with trial.

What did the court decide?

Directed XVI Additional Metropolitan Magistrate, Nampallay to verify charge sheets and supplementary charge sheets filed in Crime Nos. 66/2022, 543/2021, and 67/2022, number them, and conclude trial a

Humaira Anjum 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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WEDNESDAY, THE THIRTEENTH 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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WRIT PETITION NO: 21818 OF 2023

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Between:

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Humaira Anjum, D/o Syed Zubair Ahmed, aged about 42, Occ ; Business, Rl/o Flat No 508,Vijaya Towers, Block A, Shantinagar,Hyderabad, T5-500028.

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Mala Pasha, D/o Late FD Mirchandani, Age. 67 years, Occ ;Retired, Ri./o Flat No.501, Pasha Court Apartments, 71 Greenlands Road, Panjagutta, Hyderabad.

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Amera Pasha, D/o Asadulla Pasha, Age. 42 years, Occ. Advocate, Fi/o Flat No.102, Pasha Court, 71 Greenlands Road, Panjagutta, Hyderabad.

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.....PETITIONERS

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AND

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'1. The State of Telangana, Represented by its Principal Secretary Home Department, Hyderabad, T.S.

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The Station House Officer, Panjagufta Police Station, Hyderabad, TS.

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D.Sai Kiran, S/o Dasari Kishan, aged about 25^years, No 6-3-7OOlN5l7, Pochamma Basti, Panjagutta, Hyderabad.

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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 maybe} pleased to issue a Writ or Order or Direction, particularly one in nature of Writ of Mandamus, directing the Respondent No.2 to investigate the^{role of Respondent} No.3 in FIR No. 66/2022, FIR No.543/2021 and^{FIR No.6712022on the file of PS} Panjagutta in a proper manner as^per law and file the charge^{sheel on the same} investigation in the interests of^justice.

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|.A.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 direct the Respondents No.2 to apprehend Respondents No.3, who is arrayed as Accused No.3 in FIR No.67/2022, FtR No.543t2o21 and FtR No.66/2022 on the file of PS Panjagutta.

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Couns6l for the Petitioners : SRI OMAR A.PASHA

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Counsel for the Respondent Nos.'l & 2 : AGp FOR HOME

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Counsel for the Respondent No.3: --

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The Court made the following ORDER

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HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITI ONNo. 2181E of2023

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ORDER:

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This Writ Petition is filed praying this Court to direct respondent No.2 to investigate the role of respondent No.3 in F.l.R.Nos.66 of 2022, 543 of 2O2t and. 6T of 2022 of Panjagutta Police Station.

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The case of the petitioners is that petitioner Nos.l to 3 have invested an amount of Rs.6O.Oolakh; Rs. 1.26 Crore and Rs. 1.O0 Crore, respectively, with one p.S.Sabitha i..e, accused No. I and respondent No.3 was working as an office boy/Secretary for accused No. l. It is the further case of the petitioners that respondent No.3, along with accused No.1, instead of investing the said amount for stock trading business, have misused the said amount for their personal gain and thereby cheated the petitioners with false promises. It is the further case of the petitioners that stating the above said facts, they have lodged complaints before respondent No.2 and as the said complaints revdaled cognizable offence, respondent No.2 had registered

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CVBR, J wp 21818_2023

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cases in Crime No.66 of 2022, 543 of 2O2l and 67 of 2022. The grievance of the petitioners is that even though the cases were registered in the year 2O2l and 2022, so far respondent No.2 is not conducting fair and proper investigation and not laid any charge sheet/ final report against the accused ald respondent No.3 herein.

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karned counsel appearing for the petitioners has vehemently contended that the action on the part of the police in not conducting fair and proper investigation amounts to violation of the rights guaranteed under Articles l4 and 21 of the Constitution of India.

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l,earned Assistant Government Pleader for Home appearing for respondent Nos. I and 2, on instructions, would submit that after receipt of the notice in the writ petition, respondent No.2 had concluded the investigation and laid charge sheets and supplementary charge sheets in the above crimes before the XIV Additional Metropolitan Magistrate, Nampallay and the sarne are pending for assigning C.C. numbers.

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CVBII, J wp 21818 2023

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In view of the above submissions, this Court deems it appropriate to dispose of the writ petition, directing the learned XVI Additional Metropolitan Magistrate, Nampallay to verify the charge sheets and supplementary charge sheets filed in Crime Nos.66 of 2022,543 of 2O2l and 67 of 2022 and number the same, if it is otherwise in order and conclude the trial as early as possible

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With the above observations, this Writ Petition is disposed of. No costs.

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As a sequel, the miscellaneous petitions^pending, if

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any, shall stand closed.

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SD/.MOHD. ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

9,,,

SECTION OFFICER

'1. The Principal Secretary, Home^{Department, State of Telanganaat} Hvderabad, T.S.

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,. iG SiaiL; House^{Officer, Panjagutta PoliceS^tation' Hyderabad' TS} i: i;; cE; b^{ep rot Home, Higheourt for the State of relanganaat} Hvderabad. [OUTI

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+. oirL CC to Sii Oniar^{A.pasha' Advocate {OPUCI}

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Two CD CoPies

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HIGH COURT

DATED:1311212023

ORDER

WP.No.21818 of 2023

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Humaira Anjum v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Humaira Anjum v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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