Disposed

Smt. K. Sunitha v. The State of Telangana

Telangana HC11 Mar 2024WP/5717/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus to direct police to register an FIR on their complaint alleging cognizable offences. Police reported a case was already registered under Section 155 Cr.P.C after Magistrate permission and investigation was ongoing. The Court directed completion of investigation within three months.

What did the court decide?

Direction to respondent No.5 to complete investigation in Crime No.223 of 2024 preferably within three months and file charge sheet before the concerned Court.

Smt. K. Sunitha Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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

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IVONDAY, THE ELEVENTH DAY OF IVIARCH 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: 5717 OF 2024

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Between:

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1 Smt. K. Sunitha, Wo. K. Venkata Subbarao, Aged- 43 years, Occ. Business, Rl/o. Plot No. 18lA, Addagutta Society, Opp JNTU, Kukatpally, IVledchaltvlalkajgiri District, TS-500 072.

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2 Sri K. Venkata Subbarao, S/o. K. Venkateshwarulu, Aged. 50 years, Occ. Business, Ryo. Plot No. 18/A, Addagutta Society, Opp JNTU, Kukatpally, Medchal-li/alkajgiri Diskict, TS-500 072.

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....,PETITIONERS

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AND

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'l . The State of Telangana, Rep by its Principal Secretary, Home Department Secrelariat. Hyderabad.

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The Director General of Police, DGP Office, Lakdikapool, Hyderabad.

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The Commissioner of Police, Hyderabad Commissionerate, Hyderabad.

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The Assistant Commissioner of Police, SR Nagar Division, Hyderabad.

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The Station House Officer,'SR Nagar Police Station, SR Nagar, Hyderabad.

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Sri. Uday Shireesh Dathatrika, S/o. D. Venkatesh, Aged about. 33 years, Occ Business, R/o.H.No.7-1-400l9A and^gB, Balkampet Road, Ameerpet, Hyderabad-500 0'16.

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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 issue a Writ, Order or Direction more particularly one in the nature of Writ of lvlandamus, declaring the action of the respondent police particularly 5th respondent in not registering the FIR basing on the complaint of the petitioners dated 27.O2.2O24, even the 5th respondent in receipt of the same is illegal, arbitrary and against the principles of natural justice and also violation of apex

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court rurings herd in t-aritha Kurnari Vs. Govt. of Up and ors and as we, as cr'P'c and consequently direct the respondents porice to entertain the compraint and register the FlR.

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l.A.NO: 1 oF 2024

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Petition Under Section 1 51 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents porice to register the FrR basing on the compraint of the petitioners dated 27 'o2.2024 to take appropriate action, pending disposar of the main writ petition.

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Counsel for the petitioners : SRI D.A.PREM CHAND Counsel for the Respondent Nos..l to 5 : AGp FOR HOME

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Counsel forthe Respondent No.6 : __

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The Court made the foltowing ORDER

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TTIE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.57l 7 0F 2024

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ORDER:

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This writ petition is filed seeking the following reliel " ... .to zssue _g^{Wit, Order orDirection} more porticularlg one in tLrc nature of Wnt of Mand.amus declaring the action of th-e respondent police partianlarly Sth respondent in not registeing tlte FIR bo.sing on the complaint of the petitioners dated 27.02.2024 euen the Sth respondent in receipt of the same is illegal, arbitrary and against the pinciples of natural justice and also uiolation of apex court rulings Letd. in Lalitha Kumari Vs. Gout of UP and ot?ers and as well as Cr.p.C and. consequentlg direct the respondents polie to entertain the complatnt and register the FIR..."

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The case of the peLitioners is that they lodged a complaint, dated 27.02.2024 before respondent No.S and even though the said complaint reveals commission of cognizable offences, respondent No.S has failed to act upon the said complaint in accordance with Section 154 (3) of br.p.C and also the guidelines issued by the Hon,ble ISupreme Court in La.lita Kumari a. State of tlttar I Prad,esht.

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I 1zota1^{z sccr}

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The Iearned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5 submitted that the complaint lodged by the petitioners revealed commission of non-cognizable offences, as such, the respondents-police have obtained permission from the learned Magistrate under Section 155 of Cr.P.C, and registered a case in Crime No.223 ol 2024. Learned Assistant Government Pleader for Home further submitted that the investigation into the said crime is in progress and soon after completing the investigation, the respondents-police will file charge sheet before the concerned Court.

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In view of the said submissions, this Court, deems it appropriate to dispose of this writ petition directing respondent No.S to complete the investigation in Crime No. 223 of 2024, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order and hle charge sheet final report before the concerned Court.

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Accordingly, this writ petition is disposed of. No

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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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//TRUE COPY//

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SD/. K. AMMAJI ASSISTANT REGISTRAR

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srcrroh;--rrrcen

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1 The Principal Secretary. Home Department Secretariat, State of Telangana at Hyderabad. 2. The Director General of police, DGp Office, Lakdikapoot, Hyderabad. 6.4.5.3. Two CCs The The The Assistanr^S-tation Commissioner of potice, ro^House Gp commissioner_oipotice, For Home,^officer,sn High C-orrt H-yaeraoaa^{Nagaieoric"'5irii";,'sR} f* SR Commi..i6lut", tf," N;;;;i;i;;;r, btri"'oii"trngan, Nagar, Hyderabad.Hyderabad.Hyderabad.,t Hyderabad. [OUT] 67 lne Two CD CopiesQC^{to Sri D.A.prem Chand, Advocate} [OpUC]

SA GJP

HIGH COURT

DATED: 1 110312024

ORDER

WP.No.5717 of 2024

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Smt. K. Sunitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. K. Sunitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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