Disposed

Sai Charan Amberkar v. The State of Telangana

Telangana HC8 Jan 2024WP/392/2024

Case brief

AI extract

What is this about?

Petitioner filed writ petitions challenging police inaction and lack of closure report in FIR registration for fraud and cheating. Court directed specific police officers to furnish closure report within two weeks, allowing petitioner to avail further remedies.

What did the court decide?

Respondents 6 and 7 directed to furnish copy of closure report within two weeks; petitioner directed to avail available remedies.

Sai Charan Amberkar Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF JANUARY 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: 392 OF 2024

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Between:

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Sai Charan Amberkar, S/o. Venkateshwarrao^{Amberkar, Age. 32} yrs, Occ. Pvt.Employee, Rl/o. H.No.1-4-343, Plot^{No.302,SatyaNagar,} New Maruthi Nagar, Chaitainyapuri, Hyderabad TS^- 500060

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...PET]TIONER

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AND

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1 The State of Telangana, Represented by^{its Principal Secretary, Home} Department, Secretariat, Hyderabad.

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2 The Director General of Police for the State of^{Telangana Redhills,} Lakdikapul, Hyderabad, Telangana.

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3 The Commissioner of Police, Rachakonda,^{Vayupuri, Neredmqt,} SecundErabad, Telangana

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4 The Deputy Commissioner of Police,^{L.B Nagar, Ranga Reddy District,} Telangana.

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5 The Assistant Commissioner of Police,^{L.B Nagar, Rangareddy District,} Telangana.

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6 The Station House Officer, Police^{Station Chaitanyapuri, Chaitanyapuri,} Telangana.

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7 The Sub-lnspector of Police, Sector^{lll Police Station Chaitanyapuri,} Chaitanyapuri, Telangana.

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...RESPONDENTS

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Petition under Article 226 of lhe^{constitution of lndiapraying that in the} circumstances stated in the^{affidavit filedtherewith, the High courtmay be} pleased to declare the inaction of the respondents^{in concludingthe investigation} and filing chargesheet/final^{reportin F.l.R No.30of 2022dt.1710112022on lhe file} of the Police Station chaitanyapuri^{even after the lapse of about (02) yearsas} illegal, arbitrary and in violation of^{article 21 of the constitutionof lndia,and}

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consequently direct the respondents to conclude the investigation and file chargesheeUfinal report in F.l.R No.30 of 2022 dt.17lo1l2o22 on the fite of the Police Station Chaitanyapuri.

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lA NO: 1 OF 2024

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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 pleased to direct the respondents to file the present status of the investigation done in FIR No.30 of 2022 dt.171O112022 on the file of the Police Station Chaitanyapuri pending disposal of the above via petition.

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Counsel for the Petitioner: SRI M KALYANA RAMA KRISHNA

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE^{SRI JUSTICE C.V. BHASKAR REDDY}

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WRIT PETITI^{oN No.392OF 2o24}

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ORDER:

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This Writ^{Petition,under Article 226 ofthe}

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Constitution^{of India,is Iiled seeking the followingrelief:}

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"...to^{declarethe inaction of the respondents in concluding} the investigation^{and filing chargesheet/final report in FIRNo30} of 2022, dated^{17.01.2022on lbe hle of the policestation} Chaitanyapuri^{even after lapse of about two years,as illegal,} arbitrary and in^{violation of Articte2l of t];re Constitution of India} and consequently,^{direct the respondents toconclude the} investigation and^{file charge sheet/final report in FIR No 30 of} 2022, dated 17.01.2022^{on the Iile of Chaitanyapuripolice} station..."

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Heard learned^{counselfor the petitioner,learned} Assistant Government^{Pleader for Homeappeariilg for the} respondents^{and perused the record.}

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The case of^{the petitioneris that thoughhe} lodged a complaint,^{dated 09.12.2021, against his wife and} her parents for^{having committedfraud, criminalbreach of} trust, cheating,^{bigamy etc., respondent Nos'6 and 7 are not} taking any action^{on the said complaint' It is furthercase of} the petitioner that^{though said complaint was lodged about} one year back^{and when respondent-police are not taking}

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any action on the said complaint, the petitioner filed a private complaint under Section 2OO of Cr.P.C. before the learned VI Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar, who in turn referred the same under Section 156 (3) Cr.P.C., to respondent No.6 to take appropriate action on the said complaint. It is further case of the petitioner that pursuant to the directions of the learned Magistrate, respondent No.6 registered a case in Crime No.3O of 2022, dated 17.01.2022 for the offences punishable under Sections 406,415,417,419,494,495 and 506-II read with 34 IPC and took up investigation.

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The grievance of the petitioner is that even after registration of crime, respondent No.6 is not conducting fair and proper investigation and not filing appropriate charge sheet/frnal report before the Court concerned against the accused persons.

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Learned Assistant Government Pleader for Home, on instructions, would submit that acting on the complaint, dated 09.12.2021, a case in Crime No.30 of 2022, dated 17 .Ol .2023, was registered against the accused person. Learned counsel would submit that during the course of

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investigation, as no evidence is forthcoming to proceed with further, the complaint hled by the petitioner was closed 'as lack of evidence.'

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At this stage, learned counsel for the petitioner would submit that the said closure report is not furnished to the petitioner to enable him to avail the remedies as available under law.

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In view of the said submissions, this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.6 and 7 to furnish copy of 'closure report' to the petitioner within a period of two (2) weeks from today and on furnishing of such closure report, the petitioner is directed to avail the remedies as available to him under law, if he is so advised.

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With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous ,petitions if any, pending in this Writ

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Petition shall stand closed

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SD/. N. CHANDRA SEKHAR RAO ASSISTANI.REGISTRAR //TRUE COPY// \ ,/v SECTION OFFICER

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To,

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1 The Station House Officer,, Police Station Chaitanyapuri, Chaitanyapuri, Telangana.

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2 The Sub-lnspector of Police, Sector lll Police Station Chaitanyapuri, Chaitanyapuri, Telangana.

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2 One CC to Sri M Kalyana Rama Krishna, Advocate [OPUC]

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4 Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad tourl

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5 Two CD Copies

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TJ GJP "<sup>.>

H!GH COURT

DATED:0810112024

ORDER

WP.No.392 ot 2024

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Sai Charan Amberkar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sai Charan Amberkar v. The State of Telangana

Case brief

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What did the court decide?

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