Partly allowed

Gulam Aijaz v. The State of Telangana

Telangana HC6 Feb 2024WP/2983/2024

Case brief

AI extract

What is this about?

The High Court directed the Station House Officer to furnish the copy of the closure report to the petitioners regarding a complaint filed under Section 154 Cr.P.C., alleging cognizable offences of cheating and criminal breach of trust, for the purpose of proceeding in appropriate forums.

What did the court decide?

The petitioner were directed to be furnished with the copy of the closure report submitted to them by the respondent No.4.

Gulam Aijaz Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2024)

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

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TUESDAY, THE SIXTH 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:2983 OF 2024

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Between:

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'1 . Gulam Aijaz, Sio Gulam Mustafa, About 65 years, Occ ; Private Business, Fl/o.H.No.22-3-387/1 , Miralam Mandi, Hyderabad, Telangana State.

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Muzazza Aljaz, Dlo Gulam Aijaz, About 28 years, Occ ; Student, Rl/o.H.No.223-38711. Miralam Mandi, Hyderabad, Telangana State.

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.....PETITlONERS

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AND

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'1 . The State of Telangana, Home Department, Rep. by Principal Secretary, Secretariat, Hyderabad.

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The Commissioner of Police, Police Commissionerate, Banjara hills, Hyderabad.

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The Assistant Commissioner of Police, Mirchowk, Hyderabad.

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The Station House Officer, Mirchowk police station, Mirchowk, Hyderabad.

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Mrs Mohammadi Sultana, W/o IVlr. Mohammed Zafaruddin Quraishi, aged about 48 years, Occ. Household, Fl/o. H. No.. 22-3-1751201A, Ahta Baigan Pally, Yakutpura, Hyderabad, Telangana State.

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Mrs. Taj Fatima, W/ o Mr. Mohammed Yadullah, Aged about 50 years, Occ.House hold, R/o. H.No. 17-6-36, Dabeerpura, Hyderabad, Telangana State.

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Mrs. Mukaram Sultana, Wo. Mr. Mohammed Khursheed Khan, Aged about 50 years, Occ.House hold, FYo. H.No. 3-6-7611812, S-13. Himayathnagar, Hyderabad, Teiangana State.

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Mrs. Kauser Sultana, Wo Mr. Mohammed Muneeruddin, Aged about 45 years, Occ.Household, Rlo. H.No. 1 6-4-545, Chanchalguda, Hyderabad, Telangana State.

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IVlrs. Nasreen Fatima, W/o Mr. Mohammed Faheem, Aged about 33^years, Occ.Household, Fl/o.H.No.20-4-194171 N7, New Road Shahalibanda, Khilwath, Hyderabad, Telangana State.

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Mrs. .Bushra Bggln, W/o trr,lr. Syed Saif Uddin euadri, Aged about 40 years, Occ.Household, Fi/o. H.No. 17-6-36, Kamliwale Shah Dirga, yakatpuia, Hyderabad, Telangana State.

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'1 1. Mohammed Muneeruddin, S/o. Mohammed Ahmeduddin, Aged about. 51 years, Occ. Business, Ft/o_ H.No. 16-4-545, Chanchalguda,^-Hyderabad.

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l2.Mohammed Naveed, Sio !r. lr/ohammed Farooq, Aged about. 42 years, Occ. Business, R/o. H.No.22-3-36.1/1, Magar Ki Bbw[, Mir Alam wahOi, Hyderabad.

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...RESPONDENTS

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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 pass an order or orders one in the nature of Writ of mandamus declaring the action of the respondent No. 2 to 4 for not taking action against the respondent No. 5 to 12 ln spite of giving the compliant on 171o112o24 against the respondent no 5 to 12 which are cognizable offences and Non Bailable offence under cheating, criminal Breach of rrust, in respect of property bearing no 22-328711 admeasuring 88 Sq. yds, situated Mirala mandi Hyderabad and declare the said action of the respondents is totally illegal, arbitrary against the principle of natural justice and against law and is liable to be set aside and violation of principal of natural justice and article 300 A of constitution of lndia.

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I.A.NO:1 OF 2024

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Petition Under section 1s1 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 consider the representation made by the petitioner on dated 171O112024 and pending disposal of the main writ petilion.

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Counsel for the Petitioner : SRI SURESH SHIV SAGAR

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Counsel for the Respondent Nos.1 to 4: Gp FOR HOME

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Counsel for the Respondent Nos.S lo 12: -

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The Court made the following ORDER

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,...; .

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2983 of 2o24

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ORDER:

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This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 4 for not^{registeringthe} complaint, dated 17.01.2024 submitted against respondent Nos.S to 12 as illegal and arbitrary.

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The case of the petitioners is that they have lodged^a written complaint, dated 17.01.2024, lo respondent^No.4 and according to them the contents of the said^complaint would reveal commission of cognizable offence.^The grievance of the petitioners is that even after receiving^the complaint and the contents of the same would^disclose commission of cognizable offence, respondent^{No.4 is not} registering any case following the^procedure under^Section 154 of Cr.P.C. and also the^{guidelines issuedby the Hon'ble} Apex Court in Lalita Kumari u. State of Uttar^P'radesh'.

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Learned Assistant Government Pleader for^Home appearing for respondent Nos.l to 4, on instructions,^would

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CVBR, J Wp 2983_2024

submit that after receiving the complaint, dated 17.O1.2024, submitted by the petitioners respondent No.4 had examined the same and as it is revealed that there are serious civil disputes pending between the petitioners and respondent Nos.S to 12 and as the said complaint also not supported by any of the documents to take cognizance of offence, the said complaint was closed as lack of evidence, and also communicated the closure report to the petitioners.

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At this stage, learned counsel for the petitioners has submitted that so far the petitioners have not received any closure report and if the copy of the closure report is furnished they will take appropriate steps by approaching the competent forum.

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In view of the said submissions, this Court deems it appropriate to dispose of the writ petition directing respondent No.4 to furnish the copy of the closure report to the petitioners to enable them to take appropriate steps as available under law.

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CVBR, J Wp 2983_2024

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With the above observations, the Writ Petition is

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disposed of. No costs.

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7 . As a sequel, the miscellaneous^{petitions pending,} if

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any, shalI stand closed.

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//rRUE coPY/t

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SD/- C. PRAVEEN^KUMAR ASSISTANT-RFGJSTRAR

SECTION OFFICER

to 'r. -n" Principal Secretary, Home Department' Secretariat' State of Telangana at Hvderabad Hvderabad '

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at Hvderabad Hvderabad '

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,. il;'i;l;t';;t^{commissionerof Police'MirchowkHvderabad'}

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The station^{nor"".iiii"Ji,'r'riiino*kioricestation,'Mirchowk,Hyderabad.} 4.TheCommissioneroiiJiiJ'Poti."Commissionerate,Banjarahills' HYderabad'

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The Assistant^{commissioner of police' MirchowkHvderabad'} 6. The Station^{no"" oii"Ji'Iai'"ri"*i-p"li"" station' Mirchowk'Hyde'rabad'} ;- iffi^"ic; b^{ci' ro' no'"' iign court for the state of Telanganaat}

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Hvderabad. [OUTj

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B. ijL:,"Cffi;^{dri Suiesn shiv Sasar' Advocate[oPUC]}

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Two CD^CoPies

SA GJ

HIGH COURT

DATED:0610212024

ORDER

WP.No.2983 of 2024

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Gulam Aijaz v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gulam Aijaz v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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