Disposed

Musipetla Sreedhar Goud v. The State of Telangana

Telangana HC1 Feb 2024WP/2465/2024

Case brief

AI extract

What is this about?

A writ petition filed by Musipetla Sreedhar Goud challenging police inaction in registering a criminal case after lodging complaints of abuse and physical interference. The court directed the police to examine the complaints and register an FIR if cognizable offences were revealed.

What did the court decide?

Directing respondent No. 4 to examine the complaints and register a case under Section 154 of Cr.P.C. if cognizable offences are found.

Musipetla Sreedhar Goud Vs The State of Telangana — Bail and Remand | Telangana HC (2024)

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t^32e6 I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2465 OF 2024

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Between:

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Musipetla Sreedhar Goud, S/o Sudersham, Aged 48 years, Occ Advocate, R/o Gandhi Nagar Hanumakonda, Hanumakonda district

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...PETITIONER

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AND

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

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2 The Commissioner of Police, Warangal Commissionerate Warangal.

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The Assistant Commissioner of Police Police Station, Kakatiya University Campus Hanamkonda.

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The Station House officer, Police Station, Kakatiya University Campus Hanamkonda.

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Mohd. Madaar, Police Constable in Cenral Jail Waragal Warangal district. C/o H.No. 4-63, Chelpur village Hzurabad, Karimnagar district

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Kesarapu Sudhakar, Occ Real Eatate Business R/o H.No. 4-63, Chelpur village Hzurabad, Karimnagar district

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Valishette Sudhkar, Occ Press Reporter R/o C/o Press Club, Warangal.

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Khaja Fasiuddin, S/o Khaja Mohinuddin Aged 56 years, Occ private Employee R/o H.No. 463, Chelpur village Hzurabad, Karimnagar distrit

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Mohammed Ameena Bee, Wo Late Yakub Ali, aged 67 yeai, Occ House Hold, R:/o H.No. 2-8-235 Waddepalli, Hanumakonda.

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't0.Mohammed Usman Ali, S/o Late Yakub Ali Aged 40 year, Occ Driver, H.No.2-8-235 Waddepalli, Hanumakonda.

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'1 1. MoM. Babu Miya, S/o late Vazeer Aged 56 years, Occ private Employee R/o H.No. 16-1^'1-30211 Chinthal, Warangal

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue a writ, order or direction,^{particularlyone in the nature of wRlT} oF MANDAMUS, declaring the^{action of the respondents 2 to 4 in not registering} a criminal case against the^{respondent5 to 11 on the basis of the ieportdated} 1gt12t2023 and 2t1t2o24^{submiftedby the petitioner is illegal,arbitrary} consequently direct^{the respondents2 to 4 to register a criminal case against the} respondents 5 to 11^{basing on the report dated 1911212023and 21112024'}

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lA NO: 1 OF 2 24

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Petition under section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support^{of the petition,the High court may be pleasedto} direct the respondents^{2lo 4lo register a criminal case againstthe respondents} 5 to 11 basing on the^{report dated 1911.212023and 21',112024 of the petitioner} pending disposal of the Writ petition.

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Counsel for the Petitioner: SRI^{A.PRABHAKAR RAO}

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Counsel forthe Respondent^{No.1 to 4: AGPFOR HOME}

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Counsel for the Respondent^{No.S to 11:} -

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The Court made the following: ORDER

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-==-7/ /

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HON'BLE SRI JUSTICE C.V. BHASKAR^REDDY WRIT PETITION No.2465 of 2024

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ORDER:

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This writ petition is frled^praying this Court^{to declare} the action of respondent^{Nos.2 to 4 in not registeringthe} criminal case against^{respondent Nos'S to 11 on the basis} of the reports, dated^{19.12.2023 and 02.01.204 submitted} by the petitioner as^{illegal and arbitrary.}

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The case of the^{petitioneris that he lodgedwritten} complaints, dated 19.I2.2O23^{and O2.O1.2024 against} respondent Nos.S to 11,^{who abused him in filthy language} and beat him with^{hands, damaged the construction} carried on by him^{in Plot No.3 admeasuring300 square} yards in Sy.No.83O^(new) situated^{at Waddepally Revenue} Village, Hanumakonda,^{Hanumakcinda District- It is the} further case of the^{petitioner that while he was proceeding} with the construction in^{the said plot after obtaining} necessary^{permissionfrom the Municipal Corporation uide} proceedings No.28i659/GWMC/2315/2OO3,^dated 27.06.2023, without having^{any right or interestover the} subject property, respondent^{Nos.S to 11 have interfered}

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*r-r.il-11;i

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with the construction activity and abused him in filthy language and also made attempt on him- Stating said facts when the petitioner was lodged a complaint he was also referred to M.G.M.Hospital, Warangal as Medico Legal Case on 19.12.2023. The grievance of the petitioner is that even after receirring the complaint submitted by him and referring him to M.G.M.Hospital, Warangal for treatment as medico legal case, respondent No.4 is not registering the case

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Learned counsel for the petitioner has vehemently contended that respondent No.2 having received the complaint through registered post he has to conduct investigation either personally or the investigation has to be entrusted to his subordinate ofhcer under Section 154 (3) of Cr.P.C. but the police have not taken appropriate steps for registerinf the case.

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Learned Assistant Government pleader for Home appearing for respondent Nos. I to 4 has not disputed about the receipt of the written complaints submitted by the petitioner by respondent No.2.through registered post.

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C\tsR, J Wp.2465 2024

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5 In view of the said submissions, this Court, deems it appropriate to dispose of the writ petition directing respondent No.4 to examine the written complaints, dated 19.12.2023 and 02.01.2024 submitted by the petitioner and if the said complaints reveal commission of cognizable offences, respondent No.4 is directed to register the same under Section 154 of Cr.P.C. and as per the guidelines issued by the Hon'ble Apex Court in La.llta Kumari u. State oJ Uttar Pradesht and take appropriate steps as permissible under law.

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With the above observations, this Writ Petition is

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disposed of. There shall be no order as to costs.

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7 . As a sequel, the miscellaneous petitions pending, if

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any, shall stand closed. L 5ze_1 u 7"u1) 'Rif"iffiF"HlE \ ,/TRUE^COPY//

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SECTION^OFFICER

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to",. a* Principal Secretary' Home Department' Secretariat Hyderabad'^{State of} Telangana.

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zi[ec-ohmissiorr-olPisosri:fu^ySITS#"fl 1]:"3i5f l:t13,5[lfl^3runiu"'itv

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The Assistant^L;oml

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camp" Hanamkonda' nicer, police station, Kakatiya Uniwrsity campus

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4- The^{'stationHouse}

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rsR lffi E t3i tlffi"l? I?["' "r1"," of re ra ns a n a at

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: h: """#',r"-$ Hvderabad [OUT]

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1. Trfuo CD^CoPies

BSRiRK

HIGH COURT

DATED: 0110212024

ORDER

WP.No.2465 of 2024

1Y\ E sl Ar€:
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DISPOSING OF THE WRIT^PETITION, WITHOUT COSTS

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t o

Musipetla Sreedhar Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Musipetla Sreedhar Goud v. The State of Telangana

Case brief

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What did the court decide?

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