The petitioner sought directions to register an FIR and provide police protection, claiming the dispute was civil. The police stated the complaint was closed as civil in nature. The Court, noting the closure, disposed of the petition.
Liberty granted to invoke appropriate remedies under law.
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.
t31831
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENryFOUR
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
wRlT PETITION NO: 12222 OF 2020
Between:
M/s. Balaji Estates lndia Private Ltd, having its Office at 16-11-741181A2, Flat No.304, Subhodaya ResidencY, Moosarambagh, Dilsukhnagar, Hyderabad, Teiangana State Represented by its Director, Sri. M.Raviteja Reddy, Sio. Sri.M. Jayasimha Reddy, aged 31 years. Occ. Business, Rio. Flat No.'1 107, Block 38, SMR Vinay Fountainhead, Metro Water Works Road, Hafeezpet, Hyderabad, Telangana State-500049
...PETITIONER
AND
1 . The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad.
...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 Mandamus, declaring the action of the respondents 2 and 3 in not registering a crlmrnal case against the 4th respondent on the basis of the report/complainl dated 2010712020 submitted by the petitioner, and also to declare the action of the 3rd respondent police not providing protection to the petitioner and his property bearing Municipal No.7-1-2121A13, on Plot No.1B, comprising of Ground Floor. First Floor, Second Floor, Third Floor and Fourth Floor
admeasuring 320Sq.Yards situated at Shiva Bagh, Ameerpet'Hyderabad' Telangana state fromthe illegal activities of the 4th respondent and the sameis illegal, arbitrary andu nconstitutionaland also violative of principles of natural justice and consequently direct the 3threspondentto register a criminalcase against the 4th respondenton the basis of the reporucomplaintdated 20n /2020 submitted by thepetitionerin appropriate provisions of law and to proceedwith the investigationpursuant thereto.
IA NO: 1 OF 2024
Petition under section 151 CPCprayingthat in the circumstances statedin the affidavit filed in supportof the petition,the High court may be pleasedto treat the additional affidavivadditional material papers as part and parcelof the main writ petition.
A NO: 1 OF 2020
Ii
Petition under Section151CPC prayingthat in the circumstances stated in the affidavit filed in supportof the petition,theH igh court maybe pleasedto direct the 3rd respondentto registera criminal case againstthe 4th respondent on the basis of thereporvcomplaint dated20.07.2020submittedby the petitioner in appropriateprovisionsof law by providingpolice protectionto the petitioner property bearing Municipal No.7-1-212tAt3,on Plol No 18, comprising of Ground Floor, First Floor, secondFloor, Third Floor and Fourth Floor adrneasuring320 Sq.Yards situated atShiva Bagh, Ameerodt. Hyderabad,Telangana State'
Counsel for the Petitioner: SRI BHANUMURTHYBALA
Counsel for the RespondentsNo.1to3: ASST. GP FOR HOME
Counsel for the RespondentsNo.4 :
The Court made the following:ORDER
TIIE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PF],TITION No.l2 222 0F 2020
ORDER: (ORAL)
This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 - the Station House Officer, S.R Nagar Police Station, in not regisrering the First Information Report (FIR) on his complaint dated 20.07.2020 against respondent No.4 and also declare the action of respondent No.3 in not providing Police protection to the petitioner's property bearing Municipal No.7-l-212/N3, plor No.l8, comprising of Ground Floor, First Floor, Second and Third Floor, admeasuring 320 square yards situated at Shiva Bagh, Ameerpet, Hyderabad, as being illegal and arbitrary.
:l
I
2
basing on the complaint of the petitioner, respondent No.3 made an entry in General Diary (G.D.) on 24.07.2020 vide Ack.No.FIYD/240720102721 and after conducting enquiry, the complaint was closed as 'Civil in Nature' on 20.08.2020. Petitioner has not produced any order of the Court for Police protection. If there is any order from the Court, respondent No.3 would certainly provide protection to the petitioner's property.
J
additional documents filed alongwith I.A. No.l of 2024, so that
the matter can be argued on merits.
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
ST'/. L. LAKSHMIBABU ASSISTANTREGISTRAR
,TRUECOPY// SECTONOFFICER
to'.1 . ,n" PrincipalSecretary'HomeDepartment' Secretariat' State of Telangana' Hyderabad'
/
BSK tA-
LS
HIGH COURT
DATED:1711012024
ORDER
l1 f: S 14
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30 0E[ rol
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WP.No.12222 of 2020
DISPOSING OF THE WRIT PETITION WITHOUT COSTS VI 4tr lvY qcwq
1 issue framed by the court
Whether the police was justified in not registering an FIR against the 4th respondent?
M/s. Balaji Estates India Private Ltd
The State of Telangana
The Commissioner of Police, Hyderabad
The Station House Officer, S.R Nagar Police Station
Sri. S. Satish Kumar
B.Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
