Disposed

Syed Shah Mahmood Hussaini Razvi v. The State of Telangana

Telangana HC9 Nov 2023WP/24102/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition alleging failure to register an FIR regarding alleged criminal acts by a respondent. The Court held it appropriate to direct the official respondent to furnish the closure report before taking further steps to dispose of the matter. The writ petition was disposed of without costs.

What did the court decide?

Directed Respondent No.4 to furnish the copy of the closure report to the petitioner.

Syed Shah Mahmood Hussaini Razvi Vs The… — Civil Procedure and Limitation | Telangana HC (2023)

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[³²⁹⁶¹

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

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THURSDAY, THE NINTH 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: 24102 OF 2023

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Between:

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Syed Shah Mahmood Hussaini Razvi, S/o.Late, Syed Shah Ali Hussaini Razvi, Aged 40 years, Occ. Muthawalli of Dargah Hzt Syed Shah Sohrabuddin Aulia (R.H.), Rr/o.9- 1^-1271A115, Langer House, Prasant Nagar, Hyderabad, T.S.

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...PETITIONER

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AND

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1 The State of Telangana, Represented through Secretary Home Department, Secretariat building, Hyderabad.

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2 The Commissioner of Police, Office at Basheerbagh, Hyderabad-29.

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The Deputy Commissioner of Police, West Zone, office at A.C.Guards, Hyderabad.

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The Asst. Commissioner of Police, Office at Asif Nagar, Hyd.

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The Cyber Crimes, office at Central Crime station, Basheerbagh, Hyderabad.

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Syed Shah Hyderullah Hussaini, S/o: Syed Shah Khaleelullah^{Hussaini,Aged} lMaor, Occ. Not known to Petitioner, F/o.19- 5^-261621E11 , Mahmood Nagar, Neem Bilal Masjid, Kishan Bagh, Bahadurpura, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue an appropriate Writ, order or any direction more appropriately in the nature of Writ of Mandamus declaring the action of the 5th Respondent^{in not} registering First lnformation Report against the unofficial 6th Respondent^through the complaint dated 04/05i2023 and 1810812023 is^made by the^{petitioner is illegal} arbitrary discriminatory and unconstitutiona I besides contrary^{to the Sec 154(3)Cr} P C apart from violative of the law laid down by^the Hon'ble Supreme^{Court of}

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lndia in Lalitha Kumari vs State of Uttar Pradesh, consequently direct the Sth Respondents forthwith register FIR against the unofficial 6th Respondent by considering the representationsicomplaint dated 04/05/2023 and^'18/08/2023 made by the petitioner herein strictly in accordance with Section^'154 of the Criminal Procedure Code.

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lA NO: 1 OF 2023

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Petition under Section 1 51 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 5th Respondent forthwith register FIR against the unofficial 6th Respondent by considering the representations/complaint dated 0410512023 and 18lOBl2O23 made by the petitioner herein strictly in accordance with Section 154 of the Criminal Procedure Code pending disposal of writ Petition.

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Counsel for the Petitioner: SRI MOHAMMED SANAULLAH FARHAN

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Counsel for the Respondent No.1 to 5: GP FOR HOME

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Counsel for the Respondent No.6: --

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.^{BHASKAR REDDY} WRIT PETITION No.24lO2 of 2023

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ORDER:

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This rvrit petition is frled seeking^{the followingrelief}

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".......ro issue an appropiate^{Wit order or anq direction} more appropiatelg in the^nature of^{Writof Mandamus decLaingthe} action of tle 5'h^Respondent in^{not registeing First Infoflnation} Report ogainst 6'h^{Respond.entthrough the complaintdated} O4/O5/ 2023 and 18/O8/2023 is^{madebg the petitioner is illegal} arbitrary discriminatory dnd^{uncon'stitutional besidescontraryto} the Secto,L 154⁽³⁾ Cr.P.C^qpqrt from^{uiolatiueof the law laid down} bg the Honourable Supreme Courl^{of Indiq in Latithct Kumaius} State of uttar Pradesh^{consequentlgdirect the SthRespondents} forthwith^{register F.I.Ro.go:instth.e unoffictat61hRespondentbg} consrdering the^{representations/conlptaintdated 0405.2023and} 18.08.2023 nade bg the Petitioner^{hereinstictlg in accordance} w h Sectton 154 of the Ciminal^{ProcedureCode qndpcsssuch} other rehef...."

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The case of the petitioner is that^{his grandfathernamely} Syed Shah Fazaullah Hussaini^{was a notified Muthawalli of} Dargah Hazrat Syed ShahSohrabuddin^{Aulia (R.H.) and its} attached properties situated at^{Langer House, Prashant} Nagar, Hl'derabad. It is^{the further case of the petitioner that} a-fter the death of his grandfather,^{his fatherSyedShah Ali} HussainiRazvi rvas Sajjada Naseen^{of the said Dargah and} aJter the death of his father he^{was appointed as a Mutawalli} ol the said Dargah in accordance^{with law and he hasbeen}

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CVBR. J Wp 24102-2023

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discharging his duties as Mutawalli of the said Dargah. It is the further case of the petitioner that respondent No.6 is wantonly and deliberately defaming the petitioner in the society and in electronic media ald without any basis and proof, respondent No.6 also spreading a propaganda circulating videos by making derogatory statements against the petitioner with a ma_la fide intention to malign his status, therefore, he lodged complaints, dated 04.05.2023 arrd 18.08.2023 before respondent Nos.2 to 5. The grievance of the petitioner is that though said complaints revealed cognizable offences, the respondents_police are not acting upon the said complaints nor registering the case against respondent No.6.

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A counter affidavit has been filed by respondent No.4 stating that soon after receiving the complaints submitted by the petitioner dated 04.O5.2O23 and 18.0g.2O23, at enquiry was conducted arrd d uring the course of enquiry, the petitioner has lodged another complaint, dated O 1 .09.2023 stating that respondent No.6 is circulating defamatory, vulgar and abusive statements in media and Whatsapp. It is lurther

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CVBR, J wp_21102_2013

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stated that on the point^{of jurisdiction,the complaintreceived} from the petitioner^{was transferredto the jurisdictionalS.H.O} ol Langar House Police Station^vide letter^{No.t&O/ftn/PR-} 213367 /2023, dated 29.O8.2O23. It is further^{stated that the} investigation revealed that there^{are civil disputes bet'"r'een the} petitioner and respondent No.6 and therefore, the^complaint submitted b-v the^{petitionerwas closedas 'civil in nature'.}

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4 . At this stage, learned counsel for the^{petitioner has} submitted that so far the^{petitionerhas not received any} closure report and if the^{copy of the closurereport is furnished} he rvill take appropriate steps by^{approachingthe competent} forum.

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In vie'*' of the said submissions,^{this Court deems it} appropriate to dispose of^{the writ petition directingrespondent} No.4 to furnish the copy of the^{closure report to the petitioner} to enable him to take appropriate^{steps as available under} law.

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With the above observations, the^{WritPetition is} disposed of. No costs

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CVBR, J \9p _21102_2023

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7 As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

SD/- K.AMMAJI

ASS]STANT REGISTRAR

,TRUE COPY//

To,

SECTI{", FICER

The Secretary, Home Department, Secretariat building, The State of Telangana, Hyderabad.

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2_ The Commissioner of Police,, Office at Basheerbagh, Hyderabad-29. 3. T.he Deputy Commissioner of Police, West Zone, o?ice it A.C.Guards, Hyderabad. 4. The Asst. Commissioner of Police, Office at Asif Nagar, Hyd. 5. The Cy^ber C-ri1qs, office at Centrat Crime station, Bishedrbagh, Hyderabad. 6. One CC to Sri Mohammed Sanautlah Farhan, Advocate tOptjcl 7. Two CCs t9_ ^GlJor Home, Htgh Court for the State of Teiangan6, at Hyderagad [OUT] 8. Two CD Copies TJ GJ

HIGH COURT

DATED:0911112023

ORDER

WP.No.24102 ot 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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{)r'

Syed Shah Mahmood Hussaini Razvi v. The State of Telangana

Case brief

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Syed Shah Mahmood Hussaini Razvi v. The State of Telangana

Case brief

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