Disposed

Mr. Akbar Khan v. The State of Telangana

Telangana HC13 Mar 2024WP/3165/2024

Case brief

AI extract

What is this about?

Writ petition seeking direction to register an FIR on the petitioner's complaint dated 19.01.2024 against private respondents, alleging matrimonial/family disputes. Court directed respondent police to examine the complaint and take appropriate action in accordance with law if it reveals a cognizable offence.

What did the court decide?

Respondent No.2 directed to examine the complaint dated 19.01.2024 and act in accordance with law if it reveals a cognizable offence.

Mr. Akbar Khan Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

[^32s6 ]

¶2

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

¶3

WEDNESDAY, THE THIRTEENTH'DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITI ON NO:3165 OF 2O24

¶7

Between:

¶8

Mr. Akbar Khan, S/o:Jvlr lbd^ull-lqmeed Khan, Age: 38 years, Occ: private Employee, R/o 6-3-1 185/149, B.S Maqtah, aegui_nfet, ny,ieEfiO- SiiOOiOl'

¶9

...PETITIONER

¶10

AND

¶11

1 IPIJI:-".f I:l-rlg9lu., Represen{ed by irs principat Secretary Home uepanment, Secrelariate Telangana., Hyderabad

¶12

2 The Station House Officer, punjagutta p.S., punjagutta, Hyderabad, Telangana 500082.

¶13

3 Additional Commissioner of police, punjagutta, Hyderabad, 50OOg2

¶14

Deputy Commissioner of police, West Zone, Hyderabad. 50OOO4

¶15

Y::.lfllq,P:gyll,^{y/grllbarKhan, R/o 6_3-1185/14s,B.S Maqtah,} Eegumpet, Hyderabad- 50001 6.

¶16

Shaikh_ Rabbani, S/o: Shaikh Jaani Ri/o Zehra Nagar Hyderabad, pin_ _ 500034

¶17

tuksan^a^Begum,^{R/o1 -1 1-5912. OtdCustom Basti,} Begumpet Hyderabad, Pin- - 500016.

¶18

...RESPONDENTS

¶19

Petition under Articre 226 of rhe constitutron of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or Direction, particurarry one in nature of writ of Mandamus, declaring the action of the 2"d Respondent in not registering ttre crime with regard to the Petitioner's comptaint dated 19-01-2024 as illegal, irregular, irrational, amounts to non-discharge of legal obrigation conferred on the 2nd Respondent under provisions of code of criminal procedure, 1973 and offends Article 14 of the constitution and consequen y direct the Respondent No. 2, to act

¶20

upon the criminal complaint filed by the Petitioner^{and take appropriate legal} action including registering an^{FIR against the complaintdated1 9/01/2024filed by} the Petilioner, in the interests of Justice.

¶21

lA NO: 1 OF 2024

¶22

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 pleasedto direct} the 4th Respondent to^{register the crime on the Petitioners complaint dated} 19tO112024 and^prosecute the offenders^{underappropriateoffences and penal} provisions of law, pending disposal of this Writ^Petition.

¶23

Counsel for the Petitioner:^{SRI OMARA PASHA}

¶24

Counsel for the Respondent^{Nos.1to 4 AGP FOR HOME}

¶25

Counsel forthe Respondent Nos.5 to^{7: NONEAPPEARED}

¶26

The Court made the following: ORDER

rl ,l

t) i

THE HON'BLE SRI JUSTICE C.V.BHASKAR R.EDDY

¶31

WRIT PETITION No.3165 of 2o24

¶32

ORDER:

¶33

This Writ Petition, under Article 226 of the

¶34

Constitution of India, is filed seeking the following relief:

¶35

".,.to issue a writ or order or direction, particularly one in the nature of Writ of Mandamus declaring the action of respondent No.2 in not registering the crime with regard to the petitioner's complaint, dated 19.O1.2024, as arbitrary, illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondent No-2 under provisions of Cr-P.C. and consequently to direct respondent No.4 to act upon the criminal complaint filed by the petitioner and take appropriate tegal action includrng registering an FIR against the comptaint, dared 19.O1.2024 filed by the petitoner..."

¶36

2, Heard learned counsel for the petitioner,

¶37

leamed Assistant Government Pleader for Home appearing

¶38

for respondent Nos. 1 to 4 and perused the record

¶39

The case of the petitioner is that he lodged a written complaint, dated 19.01.2024 on the file of respondent No.2, against respondent Nos.5 to 7. According to learned counsel for the petitioner, even though respondent No.2 received the said complaint and contents of the said complaint reveal commission of cognizable offence, respondent No.2 is not conducting investigation in

¶40

¶41

AS fair and proper manner following the^procedure contemplated under Section 154 of. Cr.P.C,^{and also as per} the gr.ridelines issued by the Hon'ble^Apex Court^{in Lalitha} Kumari v. State of Uttar Pradeshl.

¶42

Learned Assistant Government Pleader for Home, on instructions, would submit that respondent No.2 received written complaint, dated 19.01.2024, submitted^by the petitioner alld since the contents of the complaint^reveal matrimonial disputes/family disputes betu'een^the petitioner a-nd respondent Nos.S to 7, respondent No.2 conducted preliminary enquiry.^Learned counsel^further submits that if investigation reveals that respondent^Nos.5 to 7 committed a-ny cognizable offence, respondent^{No.2 will} take appropriate action against them, in accordance^with la',t.

¶43

In view of the said submissions, this Court deems it appropriate to dispose of the writ^{Petition directing} respondent No.2 to examine the complaint, dated L9.O1.2024 and if the said complaint revea-ls commission of cognizable offence, respondent No.2 is directed to take

¶44

(2014)2 SCC 1

¶45

¶46

appropriate^{action againstrespondent Nos'5 to 7'in}

¶47

accordance with^law.

¶48

With the above^{observations,the Writ Petition is}

¶49

disposed of.^{There shall be no orderas to costs'}

¶50

Miscellaneous^{petitions, if any, pendingin this writ}

¶51

petition shall^{stand closed'}

¶52

SD/. K. VENKAIAH ASSISTANT^REGISTRAR

//TRUE COPY//

rrt?31oFFrcER

To,

The Principal^{Secretary Home Department, The State of Telangana'} Telanqana.,

¶57

z iilr"'siJiiJ" House^{Officer, Punjagutta P'S, Puniagutta' Hvderabad'} Telanoana 500082.

¶58

3 A;liiffi;l fiffii;sioner^{of Police, Punlagutta' Hvderabad'500082} ; ililil c;;lilioner^{ot Police,westZone-' Hvderabad 500004}

¶59

5 On'e Cb to Srl^{Omar A Pasha'Advocate} loPyul 6. i;; dc.io^{cCroi Home, Hiih Court for ihe state of relangana'at} Hyderabad [OUTI 7 Two CD CoPies TJ

GJP ".V

HIGH COURT

DATE D : 1 3lo3l2024

-.'aa'
./:. . - .-
lB t:'
.t .:"
r-:--. - _ -.-.-

¶64

ORDER

¶65

WP.No.3165 of 2024