Disposed

Smt. B. Lavanya v. The state of Telangana

Telangana HC7 Feb 2024WP/3101/2024

Case brief

AI extract

What is this about?

Petitioner alleged police inaction on her written complaint dated 31.01.2024 despite disclosure of cognizable offences. During hearing it was reported that FIR was registered and investigation begun. Court directed completion of investigation and filing of charge sheet/final report within three months, disposing the writ petition.

What did the court decide?

SHO directed to complete investigation in Crime No.1 of 2024 and file charge sheet/final report preferably within three months; no costs.

Smt. B. Lavanya Vs The state of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

[^32e6 ]

¶2

¶3

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

¶4

WEDNESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTrcE C.V. BHASKAR REDDY

¶7

WRIT PETITION NO: 3't01 OF 2024

¶8

Between:

¶9

Smt. B..Lavanya, S/o B. Kirshna, Aged about 55 Years, Occ. Employee Ryo 1O-577 I 1613A, Venkatnagar Tukaramgate, Secunderabad.

¶10

...PETITIONER

¶11

AND

¶12

The state of Telangana, represented by Principle secretary Home Department, Secretariat Buildings Hyderabad

¶13

2 The commissioner of Police, Hyderabad, Hyderabad Diskict

¶14

The Assistant commissioner of Police, West Marredpally, Secunderabad Hyderabad

¶15

The station House officer of P.S Tukaramgate, Secunderabad Hyderabad

¶16

...RESPONDENTS

¶17

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 considering, in action, on the Part of respondent No.4, as of Violative, of section 15a () ot Cr.P.C and Lalitha Kumari Vs state of UP, in consequentially, direct respondent No.4 to act, on Petitioners information Dated 311011 2024, Served on 0110212024.

¶18

Counsel for the Petitioner : SRI M.RATHAN SINGH

¶19

Counsel for the Respondents: ASST. GP FOR HOME

¶20

The Court made the following: ORDER

¶21

THE HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.3l0l of 2024

¶22

ORDER:

¶23

This Writ Petition, under Article 226 of the Constitution

¶24

of India, is filed seeking the following relief:

¶25

I 'to issue a writ, order or direction more gly'ticularly one in the nature of Writ of Mandamus declaring the inaction on the part of respondent No.4 as violative of Section 154 (1) of Cr.P.C. and Lalitha Kumari v. State of Utta-r Pradesh and consequently direct respondent No.4 to act on petitioner's information, dated 31.O1.2024, served on O 1.O2.2024..."

¶26

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for the respondents and perused the record.

¶27

The case of the petitioner is that she sent a written complaint, dated 31.01 .2024 through.'Registered Post with Acknowledgment Due' and the sarne was received by respondent No.4 on O1.O2.2O24. It is further case of the petitioner that though the contents of the complaint reveal commlssl0n of cognizable offences, respondent No.4 is not acting on the said complaint nor initiating any action as per the procedure contemplated under Section 154 of Cr.P.C, and

¶28

¶29

¶30

also the guidelines issued by the Hon'ble^{ApexCourt in} Lalitha Kumari v. State of Uttar Pradeshl.

¶31

Learned Assistant Government Pleader for Home,^on instructions, would submit that^{acting on the complaint,dated} 31.O1.2024, respondent No.4 registered a caseⁱⁿ Crime No.1 of 2024, dated 06.02.2024,^{for the offencesunder} Section 494, 316 and^{498-4' IPC ald took up investigation.}

¶32

At this stage, learned counsel^{for thepetitioner} submitted that the offences alleged^{against the accused} persons are serious in nature and therefore,^{a directionmay be} issued to the respondent-police^{to concludeinvestigation, as} expeditiously as^possible.

¶33

In view of the said^{submissions, this Court deems it} appropriate to dispose of the^{Writ Petitionby directing} respondent No.4 to^{completeinvestigation in Crime No' lof} 2024 and file appropriate^{charge sheet/final reportbefore the} Court concerned, as expeditiously^{as possible,preferably} within a period of three^{(3) months from the date of receiptof a} copy of this order.

'^{(2014) 2 sccI}

7 . With the above observations, the Writ Petition is disposed

¶39

of. There shall be no order as to costs.

¶40

Miscellaneous Petitions, if any, pending in this writ

¶41