The Telangana High Court disposed of a writ petition challenging the police inaction in registering a complaint. The court noted the police had registered the case pending the petition and discharged the petitioner to file the report.
Writ petition disposed; respondents directed to file the report before the concerned court.
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.
[32e6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKARREDDY
WRIT PETITION NO: 34747 OF 2023
Between:
Dudekula Chand Pasha, S/o. Moinuddin, Aged about 50years, Occ: Agriculturist, Ryo. Kamkole Village, Munipally Mandal, SangaReddyDiskict, T.S.
...PETITIONER
AND
Respondents 6 to 9 are residing at H. No,8-2-35111112, Naloqayq C-o-lgly' Green Valley Road, Banjara Hills,Road No. 3,Hyderabad, T.S. - 500034.
...RESPONDENTS
Petition under Atlicle 226 of the Constitutionof lndia prayingthat in the circumstances stated in the affidavitfiledtherewith, the High Court maybe pleased to issue appropriate Writ, Order, or Direction moreparticularlyone in the
nature of Writ of Mandamus declaring the inaction of the respondent no. 5 on the directions of the Honble XVll Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, dated 14-08-2023, for not registering the criminal case against respondent no's 6 to 9, as illegal, arbitrary, unconstitutional and contrary to law and consequently this Hon'ble court may be pleased to direct the respondent no. 5 to comply with the directions passed by the Hon'ble XVll Additional Chief Metropolitan lvlagistrate, at Nampally, Hyderabad, dated 14-08-2023.
lANO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim direction thereby directing the Hon'ble Court may be pleased to direct respondent no. 5 to comply with the directions passed by the Hon'ble XVll Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, dated 14-08-2023.
Counsel for the Petitioner: SRI SYED JAWEED ABBAS NADEEM
Counsel for the Respondent No.1 to 5: ASST. cP FOR HOME
Counsel for the Respondent No.6 to 9: - - - -
The Court made the following: ORDER
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THE HON'BLE SRI JUSTICE C.V. BHASKAR R"EDDY
WRIT PETITION NO.34747 OF 2023
ORDER:
The case ol the petitioner is that he has lodgeda complaint, dated 03.07.2023 before the respondent-police stating that respondents 6 to t have cheated him.Even though the said complaint reveals commission of cognizableoffence,the fifth respondent has not registered the case andhence,the petitioner was constrained to file a private complaint under Section 2OO of the Code of Criminal Procedure(Cr.P.C.)and the same was referred to the XVII AdditionalChief Metropolitan Magistrate at Nampally, Hyderabad under SectionI 56(3) Cr.P.C. uide 5r.No.3224 of 2023. Thegrievance of the petitioner is that even though the complaint was referred on14.O8.2023, so far the respondent-police did not register thecase and conduct the investigation.
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2
offences punishable under Sections 406 and, 42O read with Section 34 of the Indian penal Code and appropriate report would be placed on the file of the XVII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.
of.
There shall be no order as to costs. Miscellaneous
applications, if any, pending shall stand closed.
lt LI tiI SD/.V.KAVITHA ASSISTANT RE ISTRAR //TRUE COPY//
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SECTION FFICER
To, 1. The Principal Secietary, Home Department, The State of Telangana, Secretariat Buildings, Hyderabad.
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HIGH COUR
DATED:10/0 4 ;fl
ORDER
WP.No.34747
2023
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DISPOSING HE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the writ petition challenging the inaction of the police in registering a complaint requires a writ direction once the police have registered the case pending the adjudication of the petition.
Dudekula Chand Pasha
The State of Telangana, Rep. by its Principal Secretary, Home Department
The Commissioner of Police, Hyderabad, T.S.
The Deputy Commissioner of Police, West Zone, Hyderabad
The Assistant Commissioner of Police, Banjara Hills, Hyderabad
The Station House Officer, P.S. Jubilee Hills
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
