Disposed

Chougoni Anjali @ Chougoni Anjamma v. The State of Telangana

Telangana HC21 Nov 2023WP/24151/2023

Case brief

AI extract

What is this about?

Writ petition challenging police action in registering a complaint as a petty case. Court disposed of petition granting liberty to petitioner to challenge the registration status separately.

What did the court decide?

Petition disposed of; liberty granted to petitioner to question police action of registering complaint as a petty case via appropriate application before the concerned Court.

Chougoni Anjali @ Chougoni Anjamma Vs The… — Pension and Retirement Benefits | Telangana HC (2023)

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[³²⁹⁶ ]

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

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TUESDAY, THE TWENTY FIRST 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: 24151 OF 2023

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Between:

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Chougoni Anjali @^{Chougoni Anjamma, Wo.Srinivas,Age.46 years, Occ.} Housewfie, Rl/o. H.No.9-63/1 , Aithipamula Village, Kattngoor Mandal,^Nalgonda District.

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...PETITIONER

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AND

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1 The State of Telangana, represented by its^{Principal Secretary, Home} Department, Secretariat, Hyderabad.

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The Superintendent of Police, Nalgonda, Nalgonda^District.

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3 The Sub-lnspector of Police, Kattangoor Police Station,^{KaftangoorMandal,} Nalgonda District.

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4 Pabbu Venkateshwarlu, S/o. Sailu, Age. 45^{years,Occ. Business,R/o-} Aithipamula Village, Kattngoor Mandal,^{Nalgonda District.}

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5 Pabbu Shiva, S/o. Narasimha, Age. 60^years, Occ.^{Business, Rio.} Aithipamula Village, Kattngoor Mandal, Nalgonda^Diskict.

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b Pabbu Ramulu, S/o. Sailu, Age. 40^{years, Occ. Business, Rl/o. Aithipamula} Village, Kattngoor Mandal, Nalgonda District.

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7 Pabbu Narasimha, S/o. Sailu, Age.^{70 years, Occ. Business,Fi./o. Aithipamula} Village, Kattngoor Mandal, Nalgonda^District.

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...RESPONDENTS

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Petition under Article 226 of the^{Constitutionof lndiaprayingthat In the} circumstances stated in the^{affidavit filed therewith, the High Court may be} pleased to issue a writ, order or Direction^{more particularlyonein the nature of} writ of Mandamus, declaring the^{arbitrary action of the Respondent/Policein not} registering crime against the^{respondentNo.4 to 7, in spite of the petitioner's} written complaint dt.19.08.2023^{and 21.OA.2023, the same received by the}

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respondent No.2 and 3, including the contents of the complaint discloses the cognizable offences committed by the respondent No.4 to 7, in connection with the blocking of the road by putting tractor, tree branches, stone pillars, in front of the petitioner's house and causing inconvenience for enter and exit, is illegal, void and opposed to Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently to direct the respondent police to register crime against Respondent No.4 to 7 for the offences U/sec.34 l , 447 . 3O7 ,294(8) and 506 R/w.34 of tpC.

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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 direct the respondent police to register the crime against the respondent No.4 to 7 as per the written complaint filed by the petitioner dt.19.08.2023 and 21 .08.2023 for the offences Uisec.34'l , 447, 307, 294(8) and 506 R/w.34 of lPC, pending between the Petitioner and respondent NO.7 and 8 in connection with the house property in question i.e., House No.1-1-77 i.e., situated in Sy.No. 131 to an extent of Ac.0-25 cents, agricultural land situated in Sy.No.129 to an extent of Ac.0-20 and agricultural land situated in Sy.No.130 to an extent of Ac.1-04 gnts of Rajiv Gandhi Nagar, Samithi Singaram Village, Manuguru Mandal, Khammam District.

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Counsel for the Petitioner : SRI MUMMANENI SRINIVASA RAO

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Counsel for the Respondents No.1 to 3 : ASST. GP FOR HOME

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Counsel for the Respondents No.4 TO 7 :

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE^{C.V. BHASKARREDDY} WRIT PETITION No.24151^{OF 2023}

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ORDER:

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This Writ Petition is filed to declare^{the action of} respondent Nos.2 and 3 in not^{registering the case against} respondent Nos.4 to 7 on the^{complaintslodged by the} petitioner dated 19.08.2023 and^{21.OA.2O23 as illegal,} arbitrary and unconstitutional^{and consequently, to direct} the respondents^police to act^{upon the complaints lodged} by the petitioner and^{pass such other reliefs.}

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The grievance of the petitioner in^{this writ petitionis} that even though the complaints,^{dated 19.Oa.2O23 and} 2l .O8 .2023, submitted by the^{petitionerreveal cognizable} offence, the respondents-police^{are not acting upon the} sarne nor registering^{caseagainst respondentNos.4 to 7.}

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Learned Assistant Government^{PleaderforHome} appearing for respondint Nos.l^to 3^{has submittedthat} basing on the complaint todged by the^{petitioner,the} respondents-police have conducted enquiry^{and as the said} \ enquiry disclosed non-cognizable^{offence,they have sought}

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CVBR, J wp 24lsl _2O27

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permission from the concerned Magistrate and after obtaining necessary permission, they have registered the said complaint as a petty case and the same was taken cognizance and numbered as S.T.C.No.SOl1 of 2023 for the offences punishable under Sections 290 and 504 IpC.

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l,earned counsel for the petitioner has submitted that even though the complaint lodged by the petitioner iis.loses cognizable offence, the respondents-police have registered it as a petty case. Therefore, he prays this Court to permit the petitioner to hle appropriate application before the concerned Court.

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In view of the said submissions, this Court, deems it appropriate to dispose of the writ petition, giving liberty to the petitioner to avail the remedies as available under law, questioning the action of the respondents_police in registering the complaint lodged by her as a petty case.

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With the above observation, this Writ petition is disposed of. No costs.

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CVBR, J Wp_2a l5l 2023

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As a sequel, miscellaneous petitions pending, if any,

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shall stand closed

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SD/. N. CHANDRA SEKHAR^RAO ASSISTANT REGISIRAR //TRUE COPY/'

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-n/ SECTION OFFICER

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To, .1 . The principal secretary, Home Department, Secretariat, state of Telangana, Hvderabad.

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z i6e Suoerintendent^{of Police, Nalgonda,NalgondaDistrict'} 5. iil; E;6:i;$;;b,^{.i PotiCe, xatiansoorPo-iice station, Kattansoor Mandal'} Naloonda District.

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o;;6C dSCi^{uuvtrlnruerut sRlNlvASARAo, Advocate. to?qcl}

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d. i; -c-c; to cp ron HoME, High court for the State of Telangana at Hyderabad. [OUTj

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Two CD^CoPies. BSK GJP

HIGH COURT

DATED:21 11112023

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ORDER

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WP.No.24151 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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*?.\J"'

Chougoni Anjali @ Chougoni Anjamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Chougoni Anjali @ Chougoni Anjamma v. The State of Telangana

Case brief

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What the court decided

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