Dismissed

Kelavath Sree Rama Naik, v. The State of Telangana

Telangana HC16 Nov 2023WP/22558/2023

Case brief

AI extract

What is this about?

Telangana High Court dismissed a writ petition complaining of arbitrary police action in threatening the petitioner's arrest despite alleged irregularities in FIR naming. The Court did not adjudicate identity issues but allowed the aggrieved party to raise claims in pending criminal proceedings.

What did the court decide?

Writ petition dismissed; liberty to agitate claims in pending criminal case; no costs awarded.

Kelavath Sree Rama Naik, Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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

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THURSDAY ,THE SIXTEENTH DAY OF NOVEMBER 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: 22558 OF 2023

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Between:

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Kelavath Sree Rama Naik, S/o. K. Range Naik, Age. 39 years, Occ. Agriculture, Fl/o. D.No.2-725-7, Chandra Babu Nagar, Dh armavaram, Sri Sai Sathya District,Andhra Pradesh State.

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...PETITIONER

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AND

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The State of Telangana, represented by its Principal Secretary, Home (Police) Department Secretariat Buildings, Hyderabad.

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The Director General of Polce, Hyderabad.

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The Superintent of Police, Mahabub Nagar District at Mahabub Nagar.

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The Station House Officer, Addakal Polic€ Station, Mahabub Nagar District.

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...RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus, declaring the high handed and arbitrary action of the 4th respondent every day calling and threatening to arrest the petitioner without shown as an accused in FIR No. 17 of 2018 and also in calendar case No. 811 of 2018 in the court of the Special Judicial Magistrate of first Class (mobile) court for Trial of cases under PCR Act Court at Mahabubnagar as being illegal, arbitrary and is in violation of article 2'l of the Constitution of lndia and consequently direct the 4th respondent not to calling to the police station and also not to arrest the petitioner in the above said crime and also in above calendar case

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(

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lA NO: 1 OF 2023

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Petition under Section 1s1 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 4th respondent not to calling the petitioner to the police station and also not to arrest the petitioner without shown as an accused in FIR No. 17 of 2018 and also in calendar case No. g1'1 of 201g in the court of the Special Judicial Magistrate of first class (mobile) court for Trial of cases under pcR Act Court at Mahabubnagar, pending disposal of the above writ petition

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IA NO 20F 2023

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Between:

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The State of relangana, represented by its principar Secretary, Home (police) _^{p_epqrtment Secretariat Buildings,Hyderabad.} 2. The Director General of Polce, Hyderabad.

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The Superintent of Police, Maha6ub Nagar District at Mahabub Naqar_

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The station House officer, Addakar poriLe station, Mahabub NagiiDistrict.

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...PETITIONERS/RESPONDENTS

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AND Kelavath Sree Rama Naik,_ S/o K. Range Naik, Age. 39 years, Occ. {griculture,^{Ryo.D.No 2-725-7,Chandra BaEuNagai,} O"narmavaijm,-bri S;i Sathya District,Andhra Pradesh State_

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.....RESPONDENT/PETITIONER

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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 vacate the stay order dated '19.08.2023 in r.A.No.1 of 2023 in w.p.No.22558 of 2023 and dismiss the Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRl. LAXMAIAH KANCHANI

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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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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRfT PETITION No.2255a OF 2023

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ORDER:

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This Writ Petition is filed seeking the following relief:

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"..-..-.to issue an appropiate uit, ord.er or direction, more in the nature of Writ of Mondomus, declaing the high honded and arbitrary action of 4tt, respondent euery day calling and threatening to anest the petitioner uithout shouing as an acarced. in FIR.No-L7 of 2018 qnd also in calendar cose No.811 of 2O18 in the Court of the Special Judicial Magistrate of First Class (Mobile) Court for Tial of Cases under PCR Act at Mohabubnagar as being illegal, arbitrary ond is in uiolation of Article 21 of the Constitution of India and consequentlg direct the 4t\ respondent not to call the petitioner to the police station and also not to aftest the petitioner in the aboue said crime and also in aboue colendar case and pass such other relief--.."

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It is the case of the petitioner that his natne was not

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mentioned in FIR No.17 of 2018, dated 16.02.2018 registered for the offences punishable under Sections 406, 42O and 4ll IPC and Section I I r/w 38 of Prevention of Cruelty of Animal Act, 1960, which was taken cognizance and numbered as C.C.No.Bll of 2O18 on the hle of the Judicial Magistrate of First Class (Mobile) Court, Mahabubnagar. The grievance of the petitioner is that now the respondents-police are making efforts to apprehend him stating that he was involved in the above mentioned crime and also filed supplementary charge sheet before the concerned Court.

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Learned Assistant Gover-nment pleader for Home appearing for respondent Nos. I to 4, on instructions, would submit that non-bailable warrants issued against the petitioner-accused No.2 uiz., Kelavath Sree Rama Naik @ Giri Naik are pending for execution and that respondent No.4 deputed staff for execution of NBWs issued against the petitioner and came to know that the petitioner is being called in his nick narne as Giri Naik and the original name of the petitioner is Kelavath Sree Rama Naik as per his Aadhar card. l,earned Assistaqt Government pleader for Home would further submit that the Investigating Officer hled supplementar5r charge sheet on lg.Og.2}23 as well as the statements recorded under Section 16l Cr. p.C. before the concerned Court, but the Court below has accepted the statements recorded under Section 161 Cr.p.C., however returned the supplementary charge sheet on the ground that this writ petition is pending.

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Without expressing any opinion whether the petitioner is Kelavath Sree Rama Naik as claimed in the writ petition or Giri Naik as per the supplementary charge sheet filed by the poliee-on 19.09.2023, this Court deems it appropriate to

I i I I

't I

dismiss the writ petition, giving liberty to the petitioner to agitate all his claims in pending C.C.No.811 of 2018. If the petitioner files any such application disputing his name, the trial Court is directed to dispose of the same strictly in

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accordance with law.

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Accordingly, this Writ Petition is dismissed. No costs.

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As a sequel, miscellaneous petitions pending, if any,

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shall stand closed.

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SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// Sr,,.SECTION'OFFICER

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To,

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Two CCs to GP FOR HOME ,High Court for the State of Telangana, at Hyderabad [OUTI

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One CC to SRl. LAXMAIAH KANCHANI, Advocate [OPUC] 3. Two CD Copies BM

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fuen

HIGH COURT

DATED:1611112023

ORDER

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WP.No.22558 of 2023

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DISMISSING THE WRIT PETITION WITHOUT COSTS

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Kelavath Sree Rama Naik, v. The State of Telangana

Case brief

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Kelavath Sree Rama Naik, v. The State of Telangana

Case brief

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