High Court disposed of a writ petition filed by a housewife seeking direction to Police to register an FIR for alleged forgery and cheating by a respondent occupying her house. The Court held it appropriate to direct the Station House Officer to furnish the closure report to the petitioner to enable her to take appropriate steps.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO:25242 OF 2023
Between:
Shaik Nurjahan, W/o Shaik Sayeed, Aged about 40years, Occ. House wife, Rlio H.No.15- 10-8, Rajtoginagar, Khanapuram - Haveli, Khammam Urban Mandal' Khammam District'
...pETrroNER
AND
...RESPONDENTS
Petition under Article 226 oI the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent No. 3 and 4 in non-following the provisions of the criminal procedure code under section 154 (3) CrPC and noninitiating to register the FIR against the Respondent No. 7, who created the fake patta certificate and forged the signatures of the revenue authorities and cheated the Petitioner and creating panic situations and trying to occupy his house, which is situated at H.No.'15-10-8, Rajtoginagar, Khanapuram - Haveli, Khammam Urban Mandal, Khammam District is illegal and arbitrary and violation of Articles 14, 15
and 21 of the Constitulion of lndia and also violation of Prrnciples of Natural Justice and consequently direct the Respondent No_ 3 to implement the provisions of the Criminal Procedure Code under section 154 (3) of CrPC and to issue FIR nor direct the concerned officers to issue Fir against tlle illegal activities of the Respondent No. 7.
lA NO:1 OF 2023
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 No. 3 to implement the provisions of the Criminalprocedure Code under section 154 (3) of crPC and to issue FIR nor direct the concemed officers to issue Fir against the illegal activities of the Respondent No. 7, pending disposal of the writ petition.
Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 TO 6: GP FOR HOME Counsel for the Respondent No.7: -
The Court made the following: ORDER
HON'BLESRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No-25242of 2o23
ORDER:
This t'ritpetition is hled seeking the follow'ingrelieft
".----.. to issueortctrd.eror directionmore partialarlg one in thenaLLtre of\l'nt of lvlanclamus by declaing the actlonof the Respondentr\o-s.3 and 4 in non-follotuingthe prouisions of the cnminotproccdure cocle under section 754(3) CrPCand non-initiating loregisterthe F.I.R against the Respondent No.7 u'lro cr*ttedthe JcLkepatta certificate and forgedthe signatirres oftheretenueauthoitiesandcheatedthe Pettrionerctnd creat[ngpanic situations and trying to oca)pA his ltouse tuhichis sittLated at H.No.15-108, Raitoginagar KhanapurarnHat'eli Kha.mmam Urban MandalKhammam Disrricr tsilLegaland arbitraryand uiolationof Arlicles 14, 15 and 2I ofthe Constlt"ttion oJ India and aLso uiolation of Principtes oJ'NaturatJusticeand conseqtentlydirectthe ResponclentNo.3 to implement the prouisionsoJ- the Ciminal Procedure Codeunder Section 154(3) of Cr.P.Cand" to i'ssue F.I.R nor clirectthe concentedOfficers to issue F.I.R against the illegalactiu[ttes of the Res1nndentNo.7 and pass such other relief.. .. "
.w \ . ,.r-. -i-.
2
possessionand enjo)'ment over the subject housewithout having any right.Stating said facts, the petitionerlodgeda complaint,dated 1O.08.2023 Iefore respondentNo.6. The grievance ofthe petitioner isthat even after receiving the said complaint arnd the sarnediscloses cognizableoffence, respondent No.6 is not taking anysteps for registrationof a crime against respondent No.7.
3
she will take appropriatesteps by approaching the competent forum.
6,. With theabove observations, the Writ Petition is
disposed of. No costs
7 As a sequel, themiscellaneouspetitions pending, if any,
shall stald closed.
//TRUE COPY//
SD/- P. PADMANABHA BEDDY ASSISTANT REGIFTRAR .-t
SECTION'6IFICER
PSK. ornt.E
HIGH COURT
DATED:0911112023
ORDER
WP.No.25242 of 2023
E S TAr
1 t{ G
(
cL) 23 NO\l 2[23 -baz
t
t
t s PAT (-
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
o*
ttJ*
Shaik Nurjahan
The State of Telangana
Shaik Lal bhee
C. V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
