Petitioner sought a mandamus directing police to register an FIR on her complaint alleging harassment and sexual assault by family members. Police undertook a preliminary enquiry per Supreme Court guidelines. The High Court directed police to examine the complaint and act if it disclosed cognizable offences, disposing the petition without costs.
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[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO: 6825 OF 2024
Between:
Gandhari Anitha, Wo Late Krishna, Aged about 40 years, Occ. House wife, Rl/o H.No.88/1, Annogiguda, Ghatkesar Mandal, Medchal-MalkajniiP+.,+15li=*
AND
. Medchal-MalkajgiriDistrict.
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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in non following th€ provisions of the Criminal Procedure Code Section 154 (3) CrPC and non-initiating to register the Fir by himself or non-initiating his subordinates to register the Fir against the Respondent No.6 to 10 basing on the complaint dated O5l1Ot2O23, who harassed the Petitioner and her handicapped daughter physically, mentally by beating, abusing them and who committed sexual assault
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against her by creating the panic situations is iflegar and arbitrary and vioration of Articles 14, 15,21 and 300-4 of the constitution of rndia and arso vioration of Principles of Naturar Justice and consequenfly direct the Respondent No.4 to register the Fir by foflowing and imprementing the provisions of section 154 (3) of criminal Procedure code and take the necessary action against the Respondent No.6 to'10 basing on the compraint dated 05t1or2o23 and do the needfur justice to the Petitioner
lA NO: 1 OF 2024
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 preased to direct the Respondent No.4 to register the Fir by following and implementing the provisions of section iba (3) of criminar procedure code and take the necessary action against the Respondent No. 6 to 'r0 basing on the compraint dated 05-.r 0- 2023, who harassed the petitioner and her handicapped daughter physicafly, mentally by beating, abusing them and who committed sexuar assaurt against her by creating the panic situations and do the needful justice to the Petitioner, pending disposal of the writ petition
Counsel for the Petitioner: SRI RApOLU BHASKAR
Counsel for Respondent Nos. 1 to S: Gp FOR HOME
Counsel for Respondent Nos. 6 to 10: ___
The Court made the foilowing: ORDER
_l
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HON'BLE SRI WSTICE C.V. BIIASKAR REDDY WRIT PETITION No.6825 ol2o24
ORDER:
This writ petit-ion is filed seeking the following relief:"...pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No 4 in non following the provisions of the Criminal Procedure Code Section 154 (3) CrPC and non-initiating to register the Fir by himself or noninitiating his subordinates to register the Fir against the Respondent No 6 to l0 basing on the complaint dated OS / lO /2023 who harassed the Petitioner and her handicapped daughter physically mentally by beating abusing them and who committed sexual assault against her by creating the panic situations is illegal and arbitrary and violatbn of Articles 14, 15, 21 and 30OA of the Constitution of India and also viotation of Principles of Natural Justice and consequently direct the Respondent No 4 to register the Fir by following and implementing the provisions of section f 54 (3) of Criminal Procedure Code and take the necessary action against the Respondent No 6 to 10 basing on the complaint dated Crs/ LO 12023 and do the needful justice to the Petitioner and pass..."
2- karned counsel for tJle petitioner submits that the petitioner has lodged a written complaint dated O5.10.2023 on the frle of the respondents-Police and the contents of the said complaint disclose commission of cognizable offences. He submits that the respondents-Police even after receiving the said compleirt and even though the contents in the said complaint
2
CVBR. J Wp 6825 2024
disclose commission of cognizable offences, are not conducting any enquiry and also not registering any F.I.R., by foltowing Section 1.54 of Cr.P.C. and also the guidelines issued by the .Hon'ble Supreme Court in La.litha Kumaria. Stdte ol ttttdr Pradesh and othersr .
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CVBR, J wp 6E25_2024
be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall
stand closed.
SD/- K.SREERAMA MURTY ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
To,
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HIGH COURT
DATED: 1510312024
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ORDER
WP.No.6825 ot 2024
DISPOSING OF THE WRIT PETITION
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WITHOUT COSTS
1 issue framed by the court
Whether police must register an FIR under Section 154(3) CrPC on the petitioner's complaint dated 05.10.2023 alleging harassment and sexual assault by private respondents.
Colour shows how this judgement treated each authority
Lalitha Kumari v. State of Uttar Pradesh and othersRelied on
(2022) 4 SCC 1 · Who else cites this
4 provisions across 3 enactments
Gandhari Anitha
The State of Telangana, Rep. by its Principal Secretary, Home Department
The Director General of Police, Telangana State
The Commissioner of Police, Rachakonda Commissionerate
The Deputy Commissioner of Police, Malkajgiri Zone
The Station House Officer, Ghatkesar Police Station
C. V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
