Father sought a writ to restrain Telangana police from implicating his son and nephew in numerous cybercrime FIRs alleging false implication. The State cited sixty-one cases involving online fraud. The Court held remedies lay under Section 482 Cr.P.C. and anticipatory bail applications, and declined relief.
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[3183 ]
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (special Original Jurisdiction)
WEDNESDAY. THE SIXTEENTHDAYOF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY
WRlT PETITION NO: 7112 OF 2024
Between:
Bodhi Mandal. s/o Teklallvlandal,aged45 years,occ- Labour,r/o Ghoskopo Ahilyapur, Budhudih, Giridih, Jharkand
...PETITIONER
AND
,..RESPONDENTS
Petition under Article226 oflhe constitutionof lndia prayingthat in the circumstances stated inthe affidavitfiledtherewith,the High court may be pleased to issue an appropriate writ, orderor Direction, more particularlyonein the nature of Writ oflvlandamus,declaring the action of the respondent policein trying to implicate thepetitionersson viz., Pradeep Mandal, aged 23 years and nephew chhotilvlandal , aged22years, who are remandedin relation to FIR No. 43712023 of Cyber crimePolicestation,Rachakonda commissioner arrayinghim as Accused No. 4 and1, in seriesof series of similar and identical cases wherein the FlRs were registeredagainst UnknownAccused in various Districts,as being illegal, arbitrary, unjustandu nconstitutional.
lA NO: 1 OF 2024
Petition under Section151 CPC praying that in the circumstances statedin the affidavit filedin suppor-t of the petition,the High court maybe pleased to direct the respondentpolice not to implicatethe petitioner'sson viz Pradeep Mandal,
,/ aged about 23yearcandnephew Chhoti Mandal, Agedabout 22 years, in ( I ) ' ,,* No. 348/2023 oif Zaheerabadp.s ( )FtR No.2o4t2023of Miryulaguda I Town PS (iii) FIR No2BO|2O23of Nalgondall TownPS (iv) Fir No 25B and257of 2023 of KhammamI Town PS ( v) FIR No. 187 ol 2023 oif Kothagudemlll Town PS(vi)FlRNos..1095of2023rtEBayyaramPS(vii)FlRNo.286and2B7ol 2023 of Sanga reddyI TownPS (viii )FIR No 87 of 2022 ot Mandoora P.S ( ix) FIR No 222of 2023of Devanpalli PS (x) FIR No.2412022oif Matwada P.S ( xi) FIR No. 3o'f 2023of YeldurthiPS (xii )FIR No. 43112023 of Nizamabad lV Town PS ( xiii ) FIR No.21312021of Nizambad lll Town PS ( xiv ) FIR No.124 of 2023 oif chandur PS .,( xv )FIR Nos. 279 of 2023 of I Town Mazhabubnagar ( xvi ) FIR No. 337 and 340 of2023of Manuguru PS ( xvii )FIR No. 47112022 of Ameenpur PS ( xviii) FIR No.28 2}-23ofPeddapalli PS ( xix ) FIR No't88abd 162 ot 2023 of Varnis PS( XX )FIR No 232.77,81 ,225, 437 and 441 of 2023 of Cyber Crime PS pending disposalof the main writ petition in the interest of justice'
Counsel for the Petitioner:SRI G.JAYAREDDY Counsel for the Respondents:AGP FOR HOME
The Court made thefollowing:ORDER
I I
HONOURABLE SRIIUSTICE B. VIJAYSEN REDDY WRIT PETITION No.7112 OF 2024
ORDER:(ORAL)
This writ petition is filed seeking to declare the action of respondent Police in trying to implicate the son of the petitioner by name Mr. Pradeep Mandal and the nephew of the petitioner by name Mr. Chhoti Mandal, who are remanded in F.l.R. No.437 of 202i registered with Cyber Crime Police station for the offences punishable under sections 419 and 420 of the Indian penal Code (IpC) and Sections 66C and 66D of the Information Technology,2000 (for short,ITA,) and in series of similar and identical cases, as being illegal, arbihary and unconstitutional.
)
F-I.R. No.437 of 2023 was registered with Cyber Crime police station against other Accused. Later, the son and nephew of the petitioner are arraigned as Accused. Leamed counsel submitted that the petitioner is a poor person; he is eking out his livelihood by doing labour work and it would be difficult for him to face several prosecutions. The son and nephew of the petitioner are languishing in jail for more than 1yz years. Though the counter affidavit filed by respondent No.2 - the Director General of Police, State of Telangana, refers to sixty one (61) cases allegedly booked against the son and nephew of the petitioner, even recently they are included as Accused in a crime of 2024 i.e. Crime No.364 of 2024 registered with patancheru police station, for the offences punishable under sections 420 of the Ipc and section 66D of the ITA, which demonstrates that the Police are implicating the son and nephew of the petitioner in false criminal cases.
I il
making calls and sendinS e-rnails/ assuringsanction of loans; sending gifts and offering profitable returns, and theyhave illegallyextracted money to a tune of Rs.1.,70,77,939/- (Rupees onecrore ten lakhs seventy seven thousand nine hundred and thirty nineonly). The investigation so far revealed that the Accused persons are habitual of{endersand they are involved in several cases for cheating innocentpeople. I-earned Assistant Government Pleader also referredto the Annexure filed along with the counter affidavit wherein the details ofsixty one (61) cases registered against the son and nephew of the petitionerare mentioned.
4
he is also at liberry tofile anticipatory bail applications in all the pending crlmes.
disposed of. There shallbe no orderas to costs.
As a secluel thereto, miscellaneousapplications,if any, pending in
this writ petition, stand closed.
SDI. K. SREERAMAMURTHY R ASSISTAN R
,ITRUECOPY'/ SE N OFFICER
ao ,,. ,n" principal secretary, Home Department,secretariat'Hyderabad'state of , If;5?rlil"?"rGeneralof Police'stateof relangana' office at Lakdikapool' </sup> ' Hvoerauao -^''tlPolice'RahakondacommissionerateNacharam' 3. TheCommissloner(
PSK.s V-9
HIGH COURT
DATED:16nA12424
ORDER
WP.No.7112 ot 2024
oa? 1HE s l..d /6.
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DISPOSING OF THEWRIT PETITION WITHOUT COSTS.
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2 issues framed by the court
Whether police action in implicating the petitioner's son and nephew in multiple FIRs was illegal and arbitrary warranting a writ of mandamus.
Whether relief should be granted against alleged false implication in series of cybercrime cases.
5 provisions across 5 enactments
Bodhi Mandal
The State of Telangana, rep. by its Principal Secretary, Home Department
The Director General of Police, State of Telangana
The Commissioner of Police, Rachakonda Commissionerate
The Station House Officer, Cyber Crime Police Station, Rachakonda
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
