Writ petition seeking mandamus for issuance of FIR regarding alleged criminal trespass. Petitioner complained of police inaction. Respondents submitted they closed the complaint as a civil dispute. Court directed police to furnish the closure report to the petitioner.
Directed Respondent No.6 to furnish a copy of the closure report to the petitioner.
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.
[3296 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 26371 OF 2023
Between:
Donkani Sarvaiah, S/o.Chinna Narsaiah, Aged about 50 years, Occ. Ag riculture, Fl/o.Aushapur Village, Ghatkesar Mandal, Medchal Malkajgiri District.
...PETITIONER
AND
...RESPONDENTS
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petition under / circumstances .,",", 11'".':' 226 of the constitution o rf rn dia nr^,;^^ .. dia pravins thar in the arridavit ;;;";;t'" preased ro issue ", "r;:-t1". the Hish court malz be nature or writ or rurnrrlfl^tiate writ' "tt;'-;;,;,:-ith' more particularly one in the non following ,n. ,.or,.,Ll^" de-claring ,n" "",,* "lt'"n o.l:""Jt* RespondentsNo 4 and 5 in and non-inia,,r, ," ,'ll,]."t tn" ""'code section 154 (3) crPc egister the t,; ;;r";.'re subordinates to issue or non-initiating to di;, n. Respondents No. 6 to .,rtli- t't ",0 o*""'" action againsr the peritioner is illegal "ro"-l:,t'nn "" ,n" "",."o,unu""tt"' credibre inrormation or the consrirution or rndia ,r'^'o1,.::* ',. ,;;l;;"re€nd 14' 15 and 21 or the ,",",,", lr"";;n""t consesuenry direct the 1^1o". ::T:' uo o,' ",,;:"::j:"J' tj::: :::::Iiil:' #,ffi ::: orrect his subordinates to i: needfur iustice,;,r:;;,,", J.: the FrR "," ;;;,;.,"'ffi :[ ffi j:":'ff : [.
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petition under S€ ;:#{{::::ffi 5,-,"}T.".:#;H::::::,:;:; mit*i:. tx:;:J:,:.#:rt T,,:i{ ilH#,.If{i{ disposal of the writ pe
counse, for the petitionelotng t*'RAPoLU BHA'KAR
counse, for the Respono,tt No', to 6: GP FoR H.ME counsef ro, *," n""pon-rnt rhe court ""," ;;;;;,]il;, N.NE A''EARED
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
UIRIT PETITION No. 26371 of2023
ORDER:
This Writ Petition is hled with the following reliel"...to issue an appropriate wit, order or direction more partiatlarlg one in the naturc oJ Writ of Mandamus declaing the action of the Respondents No.4 and 5 in non follouing tte provisions of th.e Ciminal proced.ure Code Section 154 (3) Cr.P.C and non-initiating to reglster the Fir himself or non-initiating to direct his subordinates to issue the Fir and take the necessary action against the Respondents No.6 to 12, basing on the cognizable and. credible infonnatton of the petitioner is illegal and arbitrary and uiolation oJ Articles t4, tS and 21 of the Constitution of India and ole uiolation of Principles of Natural Justice and consequentlg direct the Respondents No.4 and 5, to inlplement the prouisions of section 154 (3) of Cnminal Procedure Code and to issue the FIR bg himself or direct his subordinates to issue the FIR and inuestigate into tLLe matter an<1 do the needful justice to the Petitioner and others.-."
2
CVBR- J \tP 26171 2021
respondents - police are not acting upon for registration of the crrme.
+. At this stage, learned counsel for the petitioner has submitted that so far the petitioner has not received any closure report and if the copy of the closure report is furnished he will take appropriate steps by approaching the competent forum.
of. No costs
c!aR. J wP 26i71 20ll
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SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// \i,/
SECTION OFFICER
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HIGH COURT
DATED:0410112024
ORDER
WP.No.26371 ot 2023
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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2 issues framed by the court
Whether to direct the police to furnish the closure report to the petitioner who alleges inaction in registering an FIR.
Whether the police action in closing a complaint as 'civil in nature' violates constitutional provisions without a closure report.
3 provisions across 2 enactments
Donkani Sarvaiah
The State of Telangana, Rep. by its Principal Secretary, Home Department
Director General of Police, Telangana
Commissioner of Police, Rachakonda Commissionerate, Telangana
Deputy Commissioner of Police, Malkajiri
Assistant Commissioner of Police, Malkajiri Division, Rachakonda Commissionerate
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
