Dismissed

Mr.Pulla Anwesh v. The State of Telangana

Telangana HC1 Dec 2023WP/29322/2023

Case brief

AI extract

What is this about?

The Hon'ble Court closed a writ petition filed under Articles 226 and Section 151 CPC by the petitioner against Telangana State and Police officers. The petitioner sought direction to register an FIR following alleged caste-based abuse. The respondents submitted that an FIR was already registered based on the incident, investigation revealed the complaint was false, and the matter was settled.

What did the court decide?

Writ Petition closed. No order as to costs.

Mr.Pulla Anwesh Vs The State of Telangana — Caste Atrocities | Telangana HC (2023)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE FIRST DAY OF DECEMBER 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: 29322 OF 2023

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Between:

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Mr.Pulla Anwesh, S/o.Pulla lPunnamaiah,^{Age- 31 years, Occ} ;^Student, Fl/o.H.No.12-1 15, SC Colony, Kamalapur Village and Mandal, Hanamkonda District^- 505102.

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.....PETITIONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat Building, Secretariat, Hyderabad.

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The Director General of Police, Telangana, Hyderabad.

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The Commissioner of Police, Warangal, Warangal Commissionerate.

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The Deputy Commissioner of Police, Warangal, Warangal^{Commissionerate}

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The Assistant Commissioner of Police,^{Hanamkonda, Warangal} Co m m issio nerate.

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The Station House Officer, Police Station^{Kamalapur, Warangal} Commissionerate. l

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Moutam Ramesh, S/o.La'te Sammaiah, Aged about 45 years, Occ ; UpaSarpanch of Kamalapur Village,^Rl/o.H No .10-26, Kamalapur Village and Mandal, Hanamkonda District-SO5¹ 02

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Moutam Kumara Swamyi S/o.Saraiah,^{Aged about 42 yearc, Occ ; Auto} Driver, Rl/o.H.No.9-170,'Kamalapur Village and^{Mandal, Harramkonda District-} 505 102.

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Moutam Kumara Swamy, S/o.Peddulu,^{Aged about 46 years, Occ} ;^Driver, , R/o. H.No.10-144, Kamilapur Village^{and Mandal, HanamkondaDistrict-S05} 102.

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.....RESPONDENTS

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Petition Under Article 226^{of the Constitution of lndiaprayingthat in the} circumstances stated in the^{affidavitfiled therewith, the High Court maybe}

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pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandbmus decraring the action of the action of the Respondent No.6 in non receiving the compraint from the petitioner and noninitiating to register FrR agairJst the respondents No.7 to g and non-initiating to take action against tnem, Jno are abused me in the name of caste and threatened with dire "on."qruln"u. is ilegar, arbitrary and vioration of Articres 14, 15 and 21 of the constitutioJ of rndia and arso viorative of naturar justice and consequently direct the respondent No.6 to receive my representation and to take necessary action against the respondent Nos.7 to g, who are abused me and my caste. people and do tAe needful justice to the petitioner.

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|.A.NO:1 OF 2023

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Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent No.6 tor receive my representation and to take necessary action against the respondent Nos.z to g, who are abused me and my caste people and do the needful lusiice to the petitioner.

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Counsel for the^petitioneil sht RApoLU BHASKAR

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Counset forthe Responaent f,os.t to 6 : AGp FOR HOME

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Counsel for the Respondent Nos.7 to 9 : --

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The Court made the foltowing ORDER

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THE HONOURABLE SRI JT'STICE C.V. BHASKAR REDDY

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WRIT PETITION No.29322 of 2o23

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ORDER:

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This Writ Petition, under Article 226 of the Constitution^of

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India, is filed seeking the following relief:

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"...to issue an appropriate writ, order or direction^more particularly one in the nature of Writ of Mandamus declaring^the action of the respondent No.6 iI non-receiving^{the complaint} from the petitioner and non-initiating to register^{FIR againstthe} respondent Nos.7 to 9 and non-initiating^{to take actionagainst} them, who are abused me in the name of caste^{andthreatened} with dire consequences is rllegal, arbitrarJ,-and^violationof Articles 14, 15 and 21 of the Constitution^{of India andalso} violative of natural^justice arrd consequently direct^the respondent No.6 to receive my representation^{and totake} necessary action against the respondent^{Nos.7to 9, whoare} abused me and my caste^people..."

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Heard learned counsel for the petitioner,^Iearned Assistant Government Pleader for Home,^appearingfor respondent Nos. 1 to 6 aIId^{perused the record.}

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It is the case of the petitioner that he is a^resident of Kamalapur Village and Mandal, Hanamkonda^District,and studying Degree in Rachana College, Hyderabad.^On L2.O2.2O23, at about 5:0O PM.,^{when the petitioner was in the} centre of Kamalapur Village, his Villagers^{i.e., respondentNos.7} to 9 came and started abusing him in^{the name of his casteand} when he requested them to stop using such abusive^language' respondent Nos.7 to 9 attacked him and created^{panic situation.} It is the case of the petitioner that against the said^highhanded

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action of respondent Nos.7 to 9, he approached respondent No.6 and lodged a complaint against respondent Nos.7 to 9, but said complaint was not registered and no action has been taken against respondent Nos.7 to 9, however, respondent No.6 suggested both parties to settle the issue amicably. It is further case of the petitioner that when respondent No.6 has not registered any complaint against respondent Nos.7 to 9, he submitted representation, dated 04. lO.2023 before respondent Nos.2 to 5 requesting them to direct respondent No.6 to receive complaint of the petitioner and take necessary action against respondent Nos.7 to 9.

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The grievance of the petitioner is that though he submitted representation, dated 04.1O.2O23, to register a case against respondent Nos.7 to 9, no action has been taken on the said representation.

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Learned Assistant Government pleader for Home, on instructions, submitted that the petitioner sent a complaint, dated 04.10.2023 through Registered post. l,earned Assistant Government Pleader further submitted that initially the alleged incident had happened on L2.O2.2O23 and acting on the said complaint, a case in Crime No.42 of 2023 has been registered on 14.02.2023 under Section 506 IpC read with 34 IpC and

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Section 3 (1) (r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Learned Assistant Government Pleader further submitted that even after registration of the said case, the petitioner lodged the present complaint stating that the dispute is not settled between the parties and therefore, he filed the present complaint with delay. Learned counsel further submitted that pursuant to registration of Crime No.42 of 2023, respondent No.6 had conducted investigation and during the course of investigation it revealed that the complaint submitted by the petitioner with regard to alleged incident, dated 12.02.2023 is 'false' and accordingly the said complaint has been closed.

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In view of the said submissions and as grievance of the petitioner is redressed, no orders need be passed in the Writ Petition.

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With the above observation, the Writ Petition is

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closed. There shall be no order as to costs.

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Misceilaneous Petitions, if any, pending in this writ

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petition shall stand closed.

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SD/. K. AMMAJI ess,srriY'iEiiitHiH \ /ITRUE^COPY// SECTION^OFFICER

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To 1. Two CCs^{to GP For Horr e, High Courtfor the State of Telangana at} Hyde rabad. [OUTI 2. One^C C to Sri^RaPo luBJaskar,^{Adrocate[OPUC]} J, Two^{CD CoPies} I SA iI GJP I I

HIGH COURT

DATED:01 11212023

ORDER

WP.No.29322 ot 20 3

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CLOSING THE W.P

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WITHOUT COSTS.

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Mr.Pulla Anwesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr.Pulla Anwesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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