The High Court disposed of a writ petition seeking mandamus to direct police to register a case under Section 151 CrPC. The court accepted the submission that the complaint was closed and dismissed the petition without costs.
None; the petition was disposed of 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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 16965 OF 2015
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavitfiled therewith, theHigh 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 5rh respondentin not registeringthe case against the7th respondent pursuant to the complaint dated 04.06.2015is illegal, null and viodand violativeArticle1 4, 19, 21 of the Constitutionof lndia and
/
consequently direct the respondents to register a case against the 7th respondent pursuant to the complaint dt.04.06.20'1 5 and direct the Respondent Nos.4 to 6 not to interfere with civil dispute and further direct the Respondent No.4 to 6 not to threaten the petitioners to settle the dispute with the 7th respondent.
1.A. NO: 1 OF 2015(WPMP. NO: 22013 0F 201s)
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 respondents to register a case against the 7th respondent pursuant to the complaint d1.04.06.2015 and direct the Respondent Nos.4 to 6 not to interfere with civil dispute and further direct the Respondent No.4 to 6 not to threaten the petitioners to settle the dispute with the 7th respondent
Counsel for the Petitioners: SRI VENKATESHWAR VARANAS]
Counsel forthe Respondent Nos.1 to 6: AGP FOR HOME
Counsel for the Respondent No.7: K S MURTHY
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16965 of 2O15
ORDER:
This writ petition has been filed seeking to declare the action of respondent No.S in not registering any case against respondent No.7 pursuant to complaint dated 04.06.2015 as illegal and violative of Articles 14, 19 and 21 of the Constitution of India.
l.earned Assistant Government Pleader for Home submits that the said complaint has been acted upon by the respondents police and the same has been closed.
In view of the aforesaid submission, the writ petition is disposed of leaving it open to the petitioner to avail the remedies as available in law to challenge the final report/closure report, if he is so advised.
Pending miscellaneous applications, if any, shall stand closed. There shall be no orcier as to costs.
SD/. N. CHANDRA SEKHARRAO ASSISTANT BEGISTRAR //TRUE COPYII ,/,
SECTION OFFICER
To, 1 The Principal Secretary, Home Department, Secretariat,Saifabad,The State Of Telangana, Hvderabad. 2 The Direator Geieral of Police, Hyderabad,Telangana State.
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HIGH COURT
DATE D: 1 2 101 12024
ORDER
WP.No.16965 of 2015
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
2 issues framed by the court
Whether the inaction of police in registering a case based on a complaint is illegal under Article 226 of the Constitution of India.
Whether the High Court should direct the police to register a case or refrain from interfering in a civil dispute.
2 provisions across 2 enactments
Appala Ramesh
Appala Rajaiah
State of Telangana
Director General of Police, Hyderabad
Superintendent of Police, Karimnagar
Kolahala Kiran
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
