Disposed

Zakir Hussain Siddiqui, v. The State of Telangana

Telangana HC17 Nov 2023WP/25607/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition. The petitioner, dissatisfied with the police closures of two related complaints as civil in nature, filed a protest petition. The Court forwarded the matter to the Magistrate to expeditiously dispose of that protest petition instead of directly mandating the police to file a charge sheet.

What did the court decide?

Ordered the Magistrate to dispose of the protest petition against closure report within three months.

Zakir Hussain Siddiqui, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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HIGH COURT^{FORTHE STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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FRIDAY, THE SEVENTEENTH^{DAYOF 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: 25607^{OF 2023}

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Between:

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Zakir Hussain Siddiqui,^S/o. S.M. Siddiqui, aged^about62 Years, Occ Proprietor, FUo. Flat^No.2, lVlohanlal Nagar, Crystal^Apartments' opp Collector Office,^Maharashtra.

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...WRIT PETITIONER

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AND

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

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2 The Commissioner of^{Police, Basheerbagh, Hyderabad '}

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The Assistant Commissioner^{of irolice, Gachibowli, Cyberabad'}

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The lnspector of^{Police, Narsingi Police Station, Gandipet, Narsingi Ranga} Reddy District.

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T.Virendra Kumar,^{S/o.T.Venkateswarluaged 42 years, occ. Business.FL/rc} - fr.ftfo.a-2-oo'tlcna, cauri Shankar Colony Road No 10, Banjara Hills' Hyderabad.

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T.Venkateshwarlu, S/o.^T.Venkatdri Aged H.No.8-2-601/G176,^{Gauri Shankar} Colony⁶⁹ Ro;d^vears, No.10, Banjara^{Occ.Business Hills,Rl/o} Hyderabad.

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Chinna, S/o not known,^{aged not known' occ.BusinessRi/o.Hydershakote,} Suncity, Hyderabad.

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Arun Kumar, S/o not^{known,aged not known,Occ' Business Rl/o'} Hydershakote, SuncitY,^HYderabad.

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...RESPONOENTS

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Petition under^{Article226 ot lhe constitutionof lndiaprayingthat in the} circumstances stated^{in the affidavitfiled therewith,the High court may be} pleased to issue a writ, order^{or Direction more particularly one in the nature of} "wRlT oF MANDAMUS" declaring^{that the inactionof the RespondentNo.4in} investigating and filing^{the charge sheet in FIRNo.206/2023dated 17.02.2023}

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pending before the Respondent No.4 as illegal, arbitrary, void and against the principles of natural justice and consequently direct the Respondent No.4 to immediately investigate and file the charge sheet in FIR No.206/2023 dated 17.O2.2O23 pending before the Respondent No.4, pending disposal of this writ petition in the interest of justice.

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IA NO 10F 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 consequently direct the Respondent No.4 to immediately investigate and file the charge sheet in FIR No.20612O23 dated 17.02.2023 pending before the Respondent No.4, pending disposal of this writ petition in the interest of justice.

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Counsel for the Petitioner: SRI M.A.BASITH

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Counsel for the Respondent No.1 to 4: AGP FOR HOME

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Counsel for the Respondent No.5 to 8: -

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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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WRIT PETITION No.256O7 of 20123

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ORDER:

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This writ petition is filed seeking the following reliel

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". .. .... ro issue a writ, Order or Directlon, more particularLg one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondent No.4 ln inuestigeting and filtng the charge sheet in FIR No.2O6/2023 doted 17.02.2023 pending beJore the Respondent No.4 as illegal, arbtrary, uoid and against the principles of ndtural justice and. consequently d.irect Respondent No.4 to immediatelg inuestoatu and flLe the charge sheet in FIR No.2O6/2023 dated 17.O2.2O23 pending before Respondent No.4, pending disposal of thi-s urtt petition in the interest oJ^justice and pass such other relief.... "

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It is the case of the petitioner that he has lodged a complaint before respondent No.4 and acting on the said complaint, a case in Crime No.2O6 of 2023, dated 17.O2.2O23 was registered against respondent Nos.5 to 8 for the offence punishable under Section 406 IPC. The grievance of the petitioner is that even after registration of the crime, the respondents-police are not conducting fair and proper investigation by recording the statements of witnesses and concluding investigation and filing appropriate final report before the concerned Court.

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Respondent No.4 has hled a counter-affidavit stating that during the course of investigation, he has examined and

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recorded the statement of complainant, visited scene of offence and caused enquiry into the facts of the case. It is further stated that as per the statements of witnesses and collected documents, it was' revealed that there are civil disputes between the parties, as such, the respondents-police have closed the said complaint as 'civil in nature', after obtaining necessary permission from the Assistant Commissioner of Police, Madhapur Division, Cyberabad uide Proceedings No.131/ACP-MDPUR/CYBl2023, dated 31 .O3.2O23 and final report was also filed before the Court of XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar utde Inward No.5396, dated 09.09.2023 and the said closure report was also furnished to the petitioner by post.

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Learned counsel for the petitioner has submitted that aggrieved by the closure report filed by the respondentspolice, the petitioner has liled a protest petition uide S.R.No.7143 of 2023 on the hle of the Court of XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.

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In view of the above, this Court deems it appropriate to dispose of the writ petition directing the Court of XIII

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Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, to dispose of the protest petition uide S.R.No.7143 of 2023 filed by the petitioner as expeditiously as possible, preferably, within a period of three (3) months, from the date of receipt of a copy of this order.

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With the above obserwation, this Writ Petition is disposed of. 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/-N, SRIHARI ASSISTANT REGISTRAR //TRUE COPY// a,// SECTION.OFFICER

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To,

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

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2 The Commissioner of Police, Basheerbagh, Hyderabad.

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3 The Assistant Commissioner of Police, Gachibowli, Cyberabad.

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4 The. lnsl:ector of Police, Narsingi Police Station, GaMipet, Narsingi Ranga Reddy District.

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5 One CC to SRI M.A.BASITH, Advocate [OPUC]

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

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7 Two CD Copies

BSR GJP

HIGH COURT

DATED: 1711112023

ORDER

WP.No.25607 of 2023

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

Zakir Hussain Siddiqui, v. The State of Telangana

Case brief

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Zakir Hussain Siddiqui, v. The State of Telangana

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