Disposed

Pintu Koley v. The state of Telangana

Telangana HC6 Mar 2024WP/5951/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by Pintu Koley seeking directions to the Station House Officer to register an FIR and investigate a complaint lodged on 26.02.2024. The court directed the respondent to examine the complaint.

What did the court decide?

Direct respondent No.5 to examine the written complaint dated 26.02.2024 and take appropriate action if it discloses a cognizable offence.

Pintu Koley Vs The state of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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t^32e6l

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

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WEDNESDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURAALE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 595'l OF 2024

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Between:

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Pintu Koley, S/o. Sheetal Koley, Aged about 51 Year, Occ. Business R/o Temporarily doing Business, opposite to the Honorable High court, at Hyderabad

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...PETITIONER

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AND

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The state of Telangana, Represented by its Principle Secretary, Home Department, Secretafl at Buildings Hyderabad

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The Commissioner of Police. Banjara Hills, Hyderabad

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The Deputy Commrssioner of Police, Charminar, Hyderabad

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The Assistant commissioner of Police, Charminar, Hyderabad

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The Station House officer, of P.S Hussaini Alam Hyderabad. Hyderabad District

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,..RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring to rssue a command or Writ, considering the in- action on the Part of respondent No.5 in Precise, From acting on Petitioners information, Sent through registered Post on 2610212024 and served on its authority on 2BlO2l2O24, as in Violation of section 154 of Cr.P.C and Principles of Apex court Judgment reported in Lalitha Kumari Vs state of U.P, inconsequentia lly, direct respondent No.5 to issue F.l.R and do the investigation, in accordance of law.

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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 respondent No.5 to Place the status report of Petitioners information Dated 2610212024, served on its authority on 2810212024, before this Hon'ble court.

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Counsel for the Petitioner: SRI M.RATHAN SINGH

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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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II :

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO.595L OF 20.24

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ORDER:

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This Writ Petition, under Article 226 of the

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Constitution of India, is filed seeking the following relief:

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"...to issue an appropriate writ, order or direction more particularly one in the nature of Wnt of Mandamus declaring to issue a command or writ considering the inaction on the part of respondent No.S in precise, from acting on petitioner's information sent through register€d post on 26.02.2024 and served on its authority on 24.02.2024, as in violation of section 154 of Cr.P.C ald principles of apex Court Judgment report in Lalitha Kumari v. State of U.P and consequently to direct respondent No.s to issue FIR and do the investigation, in accordance with law... "

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Heard learned counsel for the petitioner,

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learned Assistant Government Pleader for Home appearing for tJ..e respondents and perused the record

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The case of the petitioner is that he lodged a written complaint, dated 26.02.2024, on the file of respondent No.S and according to him the contents of the said complaint reveal commission of cognizable offence. It is ft\rther case of the petitioner that even after receipt of said complaint, respondent No.S is not conducting fair and proper enquiry, as required under Section 154 of Cr,P.C

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ald following the guidelines issued by the Honble Apex Court in Lalitha Kumari v. State of Uttar Pradesht.

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Learned Assistant Government Pleader for Home, on instructions, would submit that respondent No.5 received written complaint, dated 26.02.2021, of the petitioner and took up investigation. Learned counsel further submits that and if the contents said complaint, dated 26.02.2024 wowld reveal commission of cognizable offence, he will take appropriate action in accordance with law

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In view of the said submissions, this Court deems it appropriate to dispose of the Writ Petition directing respondent No.5 to examine the written complaint, dated 26.02.2024, sublJ].itted b-v the petitioner and if the contents of the said complaint reveal commission of cognizable ofhce, respondent No.5 is directecl to take appropriate action, in accordance with law.

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