The High Court dismissed a writ petition filed under Article 226 seeking quashing of an FIR as infructuous because the FIR had already been closed by police as 'action dropped'. A separate petition for impleadment was also disposed of.
Writ petition dismissed as infructuous without costs.
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.
t32ee I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
WRIT PETITION NO: 30398 OF 2015
Between:
...PETITIONERS
AND
,..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the Registration of F.l.R. No. 262 of 2015 dated 11-08-2015 of P.S Abids Hyderabad, registered under Girl missing and consequently, Quash the F.l.R. No. 262 of 2015 dated 11-08-2015 of P.S Abids, Hyderabad., considering the above stated facts and reasons.
LA. NO: 1 OF 201S(WPMP. NO:39306 OF 20151
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 pass interim direction restraining the respondents No.1 to 4 from harassing the
petitioner No.1 and his famiry members by repeatedry caling them to the porice Station and visiting their house, basing on tf," ,.ugi.lrrtion of the FIR No. 262 of 20'1 5 dated 11-08-2015 in Girr IVissing, pendiig dispo.ur oi tn"'.li,i"w),t petition.
l.A. NO: 2 OF 201s(WPM P. NO: 4059s oF 2015)
Betwee n:
...PETIT|ONERS/PET|TIONERS No.1 & 2
AND
...RESPONDENTS/RESPONDENTS No.1 to 5
...RESpONDENTS/PROPOSED RESpODENTS No.6
Petition under section 1 51_ cpc praying that in the circumstances stated in the affidavit-filed in support of the petitionl tnu fflgn Court may fe pf"rr"O implead the defaclo comprainant as Respondeni No.o in the above writ petition and as well as W.p.M.p s., in the interest of justice_
Counsel for the Petitioner: SRI SyED AHMED ALI
Counsel forthe Respondents: SRI VIZARATH ALI, ASST. PUBLIC PROSECUTOR REPRESENTING FOR SRI SAI RAM, ASST. GP FOR HOME
The Court made the following: ORDER
1
I )
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
WRIT PETITION No.3O398 OF 2O1s
ORDER:
The present Writ Petition is filed under Articl e 226 of Constitution of India seeking the following relief/s:_
"... to issue a writ or order or direction more particularly one in the nature of Writ of "Certiorari', ca_lling for the records pertaining to the registration of F.l.R.No.262 of 2015 dated 11.08.2015 of P.S. Abids, Hyderabad registered uncler Girl Missing and consequently, quash the F.l.R.No. 262 of 2OlS dated 11.08.2015 of P.S. Abids, Hyderabad considering the above stated facts and reasons and pass such other order or orders ..."
2
I I
the F.l.R. No.262 of 2015 on the file of Police S:ation Abids has been closed on O7.O7.2O 16 as "action droppr:d". Hence, the question of quashing the same does not arise and therefore, seeks to dismiss the Writ Petition as infructuous.
Miscellaneous Petitions, pending if any, shall stand closed
SD/. K. VENKAIAH ASSISTANT REGISTRAR .--/. ,TRUE COPY// sEcfl6ti-tFFlcER
To, 1. One CC to SRISYED AHMEDALl, AdvocatetOlUCl i. i;; ccr t" ciFoC HoME,High court for th-e state of relangana[oUT] 5. r*" cci to tr,upublic prosecutor,High courtfor the State of Telangana at Hyderabad. [OUT]
HIGH COURT
DATED:1310712023
ORDER
WP.No.30398of 2015
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DISMISSINGTHE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
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2 issues framed by the court
Whether the Writ Petition seeking quashing of FIR can be proceeded with when the FIR has already been closed as action dropped.
Whether permission can be granted to implead a defacto complainant in the pending Writ Pleadings.
2 provisions across 2 enactments
Afroze Siddiqui and another
Commissioner of Police, Hyderabad and others
Justice E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
