Allowed

Gouru Venkateshwarlu v. The State of Telangana

Telangana HC20 Mar 2024WP/7267/2024

Case brief

AI extract

What is this about?

The High Court directed the Superintendent of Police to act upon a complaint regarding alleged trespass and assault by directing registration of an FIR under Section 154 CrPC and following Lalita Kumari guidelines, overriding the claim of a pending civil dispute.

What did the court decide?

Directed Respondent No. 6 to act upon the complaint dated 08-03-2024 and take appropriate action under Section 154 Cr.P.C. following Lalita Kumari guidelines.

Gouru Venkateshwarlu Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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[³²⁹⁶ ]

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

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WEDNESDAY, THE TWENTIETH^{DAY OF MARCH} TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE C.^{V. BHASKARREDDY}

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WRIT PETITION NO:^{7267 OF 2024}

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Between:

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Gouru Venkateshwarlu,^{S/o late Guruvaiah, Aged about 65 years, Occ'} Agriculture, Rio^{H.No.28-942,Housing Board Colony, MiryalgudaTown,} Nalgonda District.

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...pETt,oNER

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AND

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1 The State of Telangana,,^{Rep. by its Principal Secretary, Home Department,} Secretariat, Secretariat^{Buildings, Hyderabad.}

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2 ihe Director General of^{Police- Telangana State, Hyderabad.} 3 The Superintendent of^{Police,, Nalgonda, Nalgonda District.} 4 The De'puty Superintendent^{of Police', Miryalguta Division, Nalgonr!3 District} 5 fne CLbf Fotic6,, Miryatguda^{Rural, Mirya[guda} -Division,^{Nalgonda District}

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o The Station ttouie Oific6r,,^{Vemulapally Police Station'NalgondaDistrict'} 7 Couru namesn,,^{S/o Guruvaiah, Aged,bout 62 years, Occ.Business' Rl/o} ff .r.ft.r S-20S, Seetharampuram^{Village, Miryaguda Town,Nalg.ondaDistrict'}

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8 prrii ninot,, s/o. Veeraiih, Aged a6out 40-years, Occ .Agriculture, Rl/o' itikyata e rama Panchayath,^{Shettipalem Village,Vemulapally Mandal,} Naloonda District.

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I i.iax"fa^papalan,, S/o.^{Narsimha, Aged about 40 years,OccAgriculture,Rl/o.} itiivita Olama Panchayath,^{ShettifalemVillage,Vemulapally Mandal,} Nalgonda District.

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1. Bodiupally^{VeeraSwamy,' S/o. Muthaiah,Aged.about 34 ygal's.} . , Occ.Rgricutture,^{Rl/o. Sheittipalem Village, VemulapallyMandal' Nalgonda} District.

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f r.e;in; Pullaiah,,^{S/o. Eddaiah, Agedabout 52 years, Occ. Agriculture,Rl/o'} Shettipalem Village,^{Vemulapally Mandal, Nalgonda District'}

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l2.iaiaiia Rama S-wamv,,^{S/o. Kdtaian, Aged about48 years, Occ,'-Agriculture,} - nUo. itir<yata Grama Pdnchayath, Shettipebm Villagre, Vemulapally Mandal, Naloonda District.

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f S.ijaniu iaOagiri,.Slo.^{Pitchaiah, Aged about 35 years, Occ.-Agri.culture, Rl/o.} Itikyala Graria Panchayath,^{Shettipalem Village,Vemulapally Mandal,} Nalgonda District.

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ra^gGu Saioutr,, Slo.^{Late Biksham, Aged about.SO years, Occ'} 49t'.".{!T9J R:/ol ltikyala Grama^{panchayath,shett[ralem Village,vernulapallyMandar,} Nalgonda District.

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rs.e'iniu '- A;;i;rltr;;, Piichaiah,, R6. ltirvati S/o.^{Late Venkataiah, Aged about 36 years,} Grama Panchava-th, Shettipalein Viltage, Vemulapallv^Occ.' Mandal, Nalgonda District...RES''NDENT'

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Petition under Article^{226 of lhe constitution of lndia praying that in the} circumstances^{stated in the affidavitfiled therewith, the High courtmay be}

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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.6 in issuing the impugned notice vide No.210lSl-E2/2O24 dated 12- 03-2024 and non-initiating to register the Fir basing on the complaint of the Petitioner dated 08-03-2024 against the Respondent No. 7 to 15, who are trespassed into the agricultural lands of the Petitioner and attacked on the Petitioner and tried to kill the Petitioner and created. the panic situation in the land of the Petitioner and beat him indiscriminately and caused for injuries to him and threatened with dire consequences and blackmailing the Petitioner is illegal and arbitrary and violation of Articles 14, 15,21 and 300-A of the Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No. 6 to take necessary action against the illegal activities of the Respondent No. 7 to 15 by registering the Fir basing on the complaint dated 08-03-2024 and set aside the impugned notice vide Reception No.21 0/Sl-E2/2024 dated 12-03-2024 and do the needful^justice

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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 pleased to direct the Respondent No.6 to take necessary action against the illegal activities of the Respondent No. 7 to 15 by registering the Fir basing on the complaint dated 08-03-2024 and set aside the impugned notice vide Reception No.210lSl-E2/2024 dated 12-03-2024 and do the needful justice, pending disposal of the writ^petition.

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Counsel for the Petitioner: SRI RAPOLU BHASKAR

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Gounsel for Respondent Nos. 1 to 6: GP FOR HOME

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Counsel for Respondent Nos. 7 to 15: ---

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.7267 of 2024

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ORDER

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This writ petition is filed seeking^{the followingreliet-}

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'...to issue an appropriate^{writ, order or direction} more particularly one in the nature of^{Writ of} Mandamus declaring the^action of^{RespondentNo.6} in issuing the impugned notice vide No.2IOISIE2 12024, dated^{12.03.2024 and non-} initiating to register the FIR^{basingon the complaint} of the Petitioner, dated^{Oa.O3.2O24against} Respondent Nos.7 to^{15, whohave trespassedinto} the agricultural lands of the^{Petitioner and attacked} on the Petitioner and tried to^{kill the Petitioner and} created the panic situation in^{the land ofthe} Petitioner and beat him^{indiscriminatelyand caused} injuries to him and threatened with^dire consequences and blackmailing^{the Petitioner is} illegal and arbitrary and violation^{of Articles 14 15 2l} and 300A of the Constitution of^{India and also} violation of Principles of^{NaturalJustice..."}

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The case of the petitioner is^{that he has lodged a} written complaint, dated 08.O3.2024^{and accordingto him} the contents of the said^{complaint would reveal} commission of cognizable offence.^{It is the further case of}

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CVBR. J wp 1267 2024

the petitioner that soon after receiving the said complaint, he was referred to Area Hospital, Miryalaguda, where he has been treated for the injuries uide M.L.C. report, dated Oa.O3.2O24. The grievance of the petitioner is that respondent No.6 is not conducting any enquiry or investigation as per the procedure contemplated in Section 154 of Cr.P.C. and also the guidelines issued by the Hon'lrle Apex Court in Lalita Kumari v. State of uttar Pradesht.

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karned Assistant Government Pleader for Home, appearing for respondent Nos.l to 6, on instructions, would submit that civil disputes are pending between the petitioner and respondent Nos.7 to 1O and as such respondent No.6 has not taken any action and he has conducted preliminary enquiry.

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Prima facie, the contents of the complaint as evident from the medical report would disclose that the case has been made out for cognizable offence. Therefore, this

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CVBR, J wp 1267 20?4

Court deems it appropriate to dispose of the writ petition directing respondent No.6 to act upon the complaint,^dated 08.O3.2024, submitted by the petitioner and^take appropriate action following the procedure under^Section 154 of Cr.P.C. and also the guidelines issued by^the Hon'ble Apex Court in Lalltd Kumari's ccse^(supra).

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With the above observations,^{this Writ Petition is} disposed of. There shall be no order^{as to costs.}

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As a sequel, the miscellaneous^{petitions pending,if}

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any, shall stand closed.

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SD/- T. TIRUMALA DEVI ASSISTANT REGISTRAR A. SECTION OFF]CER

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//TRUE COPY//

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To 1. The Cl of Police,, Miryalguda Rural, Miryalguda Division, Nalgonda District 2. The Station House Officer,, Vemulapally Police Station, Nalgonda District.

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