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Navulla Malla Reddy v. The State of Telangana

Telangana HC8 Jan 2024WP/97/2024

Case brief

AI extract

What is this about?

This High Court wordpress petition under Article 226 challenging the police's failure to arrest an accused and conduct effective investigation in a criminal case filed under various IPC sections. The court directed the police to complete the investigation expeditiously.

What did the court decide?

Directing respondent Nos. 4 and 5 to complete the investigation within two months and file the charge sheet or final report before the concerned court.

Navulla Malla Reddy Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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[³²⁹⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:97 OF 2024

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Between:

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Navulla Malla Reddy, Sio. Linga Reddy, Aged 55 years, Occ. High Court Advocate, R/o. H.No. 12-1311 , Irladdirala Cross roads, Maddirala Village and Mandal' suryapet District

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...pETraoNER

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AND

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

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The Superintendent of Police, Suryapet, Suryapet District.

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The Deputy Superintendent of Police, Suryapet, Suryapet District.

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The Circle lnspector of Police, Thungathurthy Police Station, Thungathurthy, Suryapet District.

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The Station House Officer, Maddirala Police Station, Maddirala, Suryapet District.

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Vallapu Avilaiah, S/o. Lingaiah, Age. 37^years, Occ. Suspended Head Constable, Fi/o. Maddirala Village and Mandal Suryapet District

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...RESPONDENTS

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Petition under Article 226 ol lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therbwith, the^{High Court maybe} pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the^{Respondentpolice particularly} respondent No.4 and 5 in not taking steps to^{arrest the Accused No.'l in} connection with the Cr.No.196 ot 2023,^{dt.O2.11.2023} on the^{file of the} Respondent No.5^police station, registered^for the^{offences U/sec.143,147,148,} 447, 427, 452, 384, 324, 354, 307,¹ 20(B), 504, 506^R/w.149 of^{lPC, including not} effective investigation conducted for filing of the Charge^{Sheetbeforethe Trial} Court, is illegal and void and^opposed to A(icles^{14, 19,21 and 300-4 of} Constitution of lndia, and consequently^{to direct the respondent police to file the} Final Report before the Trial Court^{in respect of the above Crime in question.}

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IA NO: 10F 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 respondent police to arrest the accused in connection with the cr.No.1g6 ol 2023 also to complete investigation and file charge sheet in accordance with law, pending disposal of the above Writ Petition.

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Counsel for the Petitioner: SRI SHERI PRASAD Counsel for the Respondent Nos.1 TO S: AGp FOR HOME Counsel for the Respondent No.6: --

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The Court made the following: ORDER

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

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WRIT PETITION No.97 OF 2024

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the following relief:

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"...to issue a Writ, order or direction more particularly one in the nature o[ writ of Mandamus declaring the action of the respondent-police particularly respondent Nos.4 and 5 in not taking steps to arrest Accused No.l in connection with Crime No.196 of 2023, dated 02.11.2023 on the file of respondent No.5 police station, registered for the offences under Sections 143, t47, 148, 447, 427, 452, 384, 324, 354, 307, 120-8,504 and 506 read with 149 IPC including not effective investigation coflducted for filing of the charge sheet before the trial Court, as arbitrary, illegal and opposed to Articles 14, 19,21 and 3O0-A of the Constitution of India and consequently to direct the respondent-police to hle the final report before the trial Court in respect of the above crime in question.--"

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5 aIId perused the record.

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The grievance of ttle petitioner is that pursuant to his complaint, dated 02.11.2023, though respondent No.5 registered a case in Crime No.196 of 2023, dated O2.1I.2O23, for the offences punishable under Sections L43, 147, L4a, 447, 427, 452, 3a4, 324, 354, 307, 120-8,

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5O4 and 506 read with 149 IPC, he is not conducting investigation in fair and proper manner in apprehending respondent No.6, against whom a rowdy sheet is opened in C.No.SI-S3/2021, dated lO.O3.2O2l by the Station House Ofhcer, Maddirala Police Station.

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[,e arned Assistant Government Pleader for Home, on instructions, would submit that acting on the complaint of the petitioner, respondent No.5 registered the aforesaid crime against respondent No.6 and investigation is in progress. l,earned counsel would submit that after completion of investigation, respondent No.S would hle appropriate charge sheet/final report against respondent No.6 before the Court concemed.

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In view of the said submissions, this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.4 and 5 to complete investigation in the aforesaid crime, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order and frle appropriate charge sheet/final report before the Court concerned, in accordance with law.

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With the above observations, the Writ^petition is

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disposed of. There shall be no order as to costs.

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Miscellaleous petitions if any, pending in this Writ

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Petition shall stand closed.

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SD/. C. PRAVEEN KUMAR ASSTSTAtTREGISTRAR

//TRUE COPY//

SECTION OFFICER

The Principal its Secretary, Home Depa(ment, Secretariat, Hyderabad, State of Telangana.

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The Superintendent of Police, Suryapet, Suryapet District.

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The Deputy Superintendent of Police, Suryapet, Suryapet District.

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The Circle lnspector of Police, Thungathurthy Police Slation, Thungathurthy, Suryapet District.

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The Station House Officer, Maddirala Police Station, Maddirala, Suryapet District.

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One CC to SRI SHERI PRASAD, Advocate [OPUC]

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Two CCs to GP FOR HOME, High Court forthe State of Telangana, at Hyderabad. [OUT]

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Two CD Copies PSK. CJP

HIGH COURT

DATED:0810112024

ORDER

WP.No.97 ot 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Navulla Malla Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Navulla Malla 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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