Dismissed

K. Madhusudan Reddy, v. The State of Telangana

Telangana HC28 Nov 2023WP/22628/2023

Case brief

AI extract

What is this about?

The High Court closed a writ petition filed by K. Madhusudan Reddy challenging the registration of a criminal case and seeking its transfer. The Court declined to decide merits, directing the petitioner to file an appropriate application for case transfer before the competent court.

What did the court decide?

Petitioner directed to file appropriate application for transfer of case before competent court.

K. Madhusudan Reddy, Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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[^32e6 ]

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

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TUESDAY, THE TWENTY EIGHTH 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: 22628 OF 2023

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Between:

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K. Madhusudan Reddy, S/o. Late Agam Reddy, Aged 36 years, Occ ; Business, Rl/o. Villa No.'l6, The Perch Mega Meadows, Tellapur Village, R.C. Puram Mandal, Sangareddy District.

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.....PETITIONER

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AND

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The State of Telangana, Rep., by Principal Secretary, Home Department, Secretariat, Hyderabad.

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The Commissioner of Police, Cyberabad.

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The Commissioner of Police, Hyderabad.

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The Station House Officer, Bachupally Police Station, Cyberabad^Metropolitan Police.

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The Station House Officer, lnspector^(Admin) D.D. Central Crime^station, Hyderabad.

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C.Mallikajuna Chowdary,^(Withdrawn), Asst. Commissioner^{of Police, EOW} Team lX, C.C.S, D.D. Hyderabad.

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(WP is dismissed as withdrawn in so far as Respondent No.6 is concerned as per Court Order dated^21111120231.

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M/s. SAS lnfratech Pvt. Ltd., With^{Regd.Office at H. No. 25lA, 2nd Floor,} Siddhartha Nagar, Kalyan Nagar,^{S.R. Nagar, Hyderabad-38 Rep.,by its} Director B. Hymavathi.

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...RESPONDENTS

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Petition Under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court maybe} pleased to issue an order, direction, or Writ,^{more particularly in the nature of} Mandamus declaring the action of^{respondentNo.5 in registeringthe Cr.No.210}

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of 2023 without territorial jurisdiction under section 177 of cr.p.c and further action of respondent No.6 in issuing directions under the garb of section 41-A cr.P.c to accused to produce certain documents contrary to procedure laid down under the code as illegal, arbitrary, highhanded apart from being violative of arlicle 14 and 21 of constitution of lndia and consequently to transfer cr.No.2.10 of 2023 on the file of respondent No.S to be investigated and tried along with cr.No.243 of 2023 and 354 ot 2023 instituted with regard to same subject matter on the file of Respondent No. 4 in accordance with the provisions of Code. |.A.NO:'f 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 stay all further proceedings in cr.No.210 ot 2023 on the file of respondent No.s herein.

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Counsel for the Petitioner : SRt T.BALA MOHAN REDDY

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Counsel forthe Respondent Nos.1 to 5 : AGp FOR HOME

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Counsel for the Respondent No.7 : --

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The Court made the following ORDER

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----.7
,/

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.2262a of 2o23

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief

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"......to issue an order, direction, or Writ, more particularly in the nature of Mandamus declaring the action of respondent No.s in registering the Cr.No.21O ot 2023 without territorial jurisdiction under section L77 of Cr.P-C and further action of respondent No.6 in issuing directions under the garb of section 41-A Cr.P.C to accused to produce certain documents contra-ry to procedure laid down under the code as illegal, arbitrary, highhalded apart from being viotative of article 14 and 21 of Constitution o[ India and consequently to transfer Cr.No. 210 of 2023 on the file of respondent No.5 to be investigated and tried along with Cr.No.243 of 2023 and 354 of 2023 instituted with regard to same subject matter on the file of Respondent No.4 in accordance with the provisions of Code and pass such other order or orders.

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Heard learned counsel for the petitioner and

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learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 5.

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It is the case of the petitioner that he had entered into a Development Agreement-cum-General Power of Attorney, dated 22.12.2015, with the land owner and in view of noncompliance of the terms and conditions of the said Development Agreement, disputes arose between the petitioner and other contesting parties, for which various cases have been hled before this Court and before the lower Court.

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CVBR,J wP _22628 _2O)3

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4 . This Writ Petition is hled seeking^. to declare the action of respondent No.S in registering a case in Crime No.210 of 2023 and issuing a notice under Section 41-A Cr.P.C., to the petitioner to produce certain documents before the respondentpolice, as arbitrary, illegal and contrary to the procedure laid down under the Code of Criminal Procedure and consequently, to transfer the case in Crime No.21O of 2023 from the file of respondent No.5 to be investigated and tried along with Crime No.243 of 2023 and Crime No.354 of 2023, instituted with regard to the same subject matter on the hle of respondent No.4.

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Learned Assistant Government Pleader for Home, on instructions, has submitted that the petitioner is seeking transfer of various cases in one Writ Petition, which is not maintainable and if the petitioner is having any grievance for transfer of present crime to be tagged on to Crime No.243 of 2023 alrd Crime No.354 of 2023, the petitioner is entitled to hle an appropriate application before the Court concerned seeking transfer of cases.

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Having regard to the submissions made on either side, this Court, without expressing any opinion on the merits of the caBe, deems it appropriate to dispose of the Writ Petition permitting the petitioner to file an appropriate application before

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CVBR,J wp_22628_)o2l

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the Court concerned seeking transfer of case^{in Crime No.21Oof} 2023 from the file of respondent No.5 to be investigated^and tried along with Crime No.243 of 2023^{and CrimeNo.354of} 2023, in accordance with the^{procedure establishedunderlaw.}

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7 . With the above direction, the^{Writ Petition is closed}

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There shall be no order as to costs.

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Miscellaneous applications, if any,^{pendingshall stand}

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closed

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//TRUE COPY//

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SD/- P. ASSrsrANr CH.^{NAGABHUSHAMEA} =ur** \

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SECTION^OFFICER

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1 TwoCCstoGPForHome,HighCourtfortheStateofTelanganaat Hvderabad. [OUT] 2 iji,;"bCi;^{dri i. b'a la MohanRedd v, Ad vocate[o P UC]} J Two CD CoPies

SA GJ

HIGH COURT

DATED:2811112023

ORDER

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WP.No.22628 of 2023

CLOSING THE W.P

WITHOUT COSTS

K. Madhusudan Reddy, v. The State of Telangana

Case brief

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K. Madhusudan Reddy, v. The State of Telangana

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