Disposed

Ch. Dharma Reddy v. The State of Telangana

Telangana HC14 Mar 2024WP/6701/2024

Case brief

AI extract

What is this about?

A writ petition challenging police inaction in up-grading a registered case from Section 323 IPC to Section 307 IPC for attempted murder. The court did not express an opinion on the merits but directed the petitioner to place relevant material before the investigating agency.

What did the court decide?

Directed petitioner to place material before Investigating Agency; Police to consider same while filing charge sheet. Writ petition disposed without costs.

Ch. Dharma Reddy Vs The State of Telangana — Cheque Dishonour | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE FOURTEENTH^{DAYOF MARCH} TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V.^BHASKARREDDY

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WRIT PETITION NO: 6701 OF 2024

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Between:

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Ch. Dharma Reddy, S/o. Ch.Raghava^{Reddy,Aged about 65 years, Occ:} Retired Head Condtable, R/o. Shanthi^{Nagar, tvliryalagudaTown,Nalgonda} District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its^{Principal Secretary, Home Department,} Dr. B.R. AmbedkaiTelangana State^{Secretariat, Khairtabad,Hyderabad.}

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2 The Superintendent of Police, Nalgonda^{District, at Nalgonda.}

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3 The Station House Officer, t,4adug ulapally^{Police Station, Nalgonda District.}

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4 Chilipireddy Damodar Reddy, S/o.^{RaghavaReddy,aged.lVlajor, Occ.Real} Estaie, R/o. Shanthi Nagar, lVliryalguda^{Town, NalgondaDistrict.}

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5 Ch. Padma, W/o. Ch.Damodar Reddy,^{aged. Major, Occ. Business,Rl/o-} Shanthi Nagar, ftiliryalguda Town, Nalgonda^District.

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...RESPONDENTS

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Petition under Article 226 of Lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue a writ, order or direction more^particularly one in^{the nature of} Writ of fvlandamus declaring the inaction of respondent No.3^{in not registering} the Case of Attempt to lt4urder against the^{respondentsNo.4 and 5 herein} ignoring the contents of the complaint submitted^{by the petitioner and insteadof} registering a case U/s. 307 IPC in Cr. No.^{97 of 2023dated 08-07-2023on the} file of P.S. tr/ ad ugulla pally, Nalgonda^District as^{unlawful, arbitraryand} consequently direct the respondent No.3 to^initiate a^{fair andimpartial} investigation to alter the Section from 324 to 307^{of IPC into the registered crime.}

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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^{HighCourt may be pleasedto} direct the respondent No.3 to alter Under^{Sectionfrcm 324 R/w. 34 IPC to Under}

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,/,

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section 307 in cr. No. 97 of 2023 on the file of lvladgulapally police statio., Nalgonda District, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI V. YADU KRISHNA SAINATH

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Counsel forthe Respondent No.1 to 3: GP FOR HOME

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Counsel for the Respondent No.4 & 5: - - - -

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The Court made the following: ORDER

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{ I

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.67O1 OF 2024

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ORDER:

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This writ petition is filed seeking the following relief:

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" .. . .to issue a uLit, order or direction more

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porticu.Iarly one in the nature of Wnt of Mandamus declaring the inaction of respondent No.3 in not registeing tle Case of Attempt to Murder against respondent Nos.4 and 5 herein ignoing the contents of tLrc complaint submitted bg the petitioner and instead of registeing a case U/s 307 IPC in Cime No.97 of 2023 dated 08.07.2O23 on the ftle of P. S. Madugullapallg, NaLgonda District as unlatuful, arbitrary and consequentlg direct respondent No.3 to initiate a fair ond importial inuestigation to alter the Section from 324 to 307 of IPC into the registered crime..."

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The case of the petitioner is that acting on the complaint filed by him, the respondents-police have registered a case in Crime No. 97 of 2023, dated O8.O7.2O23 for offences punishable under Sections 323, 427, 447, 5O4 and 506 of IPC.

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Learned counsel for the petitioner submits that the complaint hled by the petitioner also reveals commission of offence under Section 307 of IPC, but contrary to the material evidence hled along with the complaint, the respondents-police have registered Crime No.97 of 2023 for the offences punishable under Sections 323, 427, 447, 5O4 and 506 of IPC to facilitate

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the accused in the said crime. It is further submitted that since the alleged acts committed by respondent Nos.4 and 5 also attracts the ingredients of Section 307 of IPC, Crime No.97 of 2O23 ts required to be altered by adding appropriate provisions.

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In vieu, of the said submissions, this Court without expressing any opinion on the offences registered in Crime No. 97 of 2023, deems it appropriate to direct the petitioner to place the material trefore the Investigating Agency and if such material is fi1ed, the respondents-police are directed to take the same into consideration while hling charge sheet before the Court concerned.

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Accordingly, this writ petitron is disposed of. No order as to costs

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Miscellaneous Petitions, if any, pending in this writ petition shall stand closed

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sD/- K. VENKAI# ASSISTANT^REGI9TRAR //rRuE coPY/' tEcrloN orWen

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To,

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1 The Principal^{Secretary, Home Department'The Stateof Telangana' Dr' B R'} A';i#Ur"Tdigu""'u^{Si"i" S"cretariat' Khairtabad' Hvderabad'} 2 ri " 5i, o.*ri"l"nd6nt^{of Police' Nalgonda District' at N.aloonda'} +il: ;tJtil;'ii;,ir" biii."r,^{rill,isi,rrprrrvF"riceStatio-n.Nalso]ldaDistrict.} 4 o ;".,^"ie'.t"o s^{RI V "vnoii} r<ri i s n rin^{snt Nar H, Ad voca te to P u cl} rwo ccs to^{GP FoR noH,rd,]ii'gii 'c;,;;'i;;iti"State of retansa'na[oUT]} 6 Two CD CoPies

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HIGH COURT

DATED:1 410312024

ORDER

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WP.No.6701 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Ch. Dharma Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Ch. Dharma Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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