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Smt. Fathima Begum Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

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Telangana HC
2025
Smt. Fathima Begum Vs The State of TelanganaSmt. Fathima Begum v. The State of Telangana

Disposed¶30

Smt. Fathima Begum v. The State of Telangana

Telangana HC19 Feb 2025WP/11947/2015

Case brief

AI extract

What is this about?

Fathima Begum v. State of Telangana and others; Writ Petition No. 11947 of 2015; High Court for the State of Telangana at Hyderabad; B. Vijaysen Reddy, J.; writ of mandamus; police inaction; complaint dated 13.3.2015; FIR No. 132 of 2015, Hussaini Alam Police Station; Sections 420 and 468 read with Section 34 IPC; Section 151 CPC; Article 226 Constitution of India; Mirchowk, Charminar and Hussaini Alam police stations; writ petition closed; no costs; interim application for registration of case dismissed as infructuous.

What did the court decide?

Recording the Assistant Government Pleader for Home's submission that FIR No. 132 of 2015 had been registered with Hussaini Alam Police Station for offences under Sections 420 and 468 read with Section 34 IPC on the petitioner's complaint, the Court held that the cause in the writ petition does not survive requiring any further adjudication.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the inaction of the respondent police in taking action on the petitioner's complaint dated 13.3.2015 was illegal, arbitrary and unjust, warranting a writ of mandamus directing them to act upon the complaint in accordance with law. +1 more

Court's answer

Accordingly, recording the aforesaid submission of the learned Assistant Government Pleader for Home, the writ petition was closed with no costs.

Ratio / Principle

Recording the Assistant Government Pleader for Home's submission that FIR No. 132 of 2015 had been registered with Hussaini Alam Police Station for offences under Sections 420 and 468 read with Section 34 IPC on the petitioner's complaint, the Court held that the cause in the writ petition does not survive requiring any further adjudication.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), single Judge (B. Vijaysen Reddy, J.), order dated 19-02-2025 in Writ Petition No. 11947 of 2015 — Petitioner, Smt. Fathima Begum (aged about 85), sought a writ of mandamus under Article 226 of the Constitution declaring the inaction of the respondent police (State of Telangana, Commissioner of Police, ACP Charminar, and SHOs of Mirchowk, Charminar and Hussaini Alam Police Stations) in acting on her complaint dt. 13.3.2015 illegal, arbitrary and unjust, and a direction to act upon the complaint; an interlocutory application under Section 151 CPC sought registration of criminal cases on the complaint pending disposal. The Assistant Government Pleader for Home submitted that FIR No. 132 of 2015 had been registered with Hussaini Alam Police Station for offences punishable under Sections 420 and 468 read with Section 34 of the Indian Penal Code, 1860 on the petitioner's complaint. Holding that the cause in the writ petition did not survive requiring any further adjudication, the Court closed the writ petition; no costs.

A

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

WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 11947 OF 2015

Between:

Smt. Fathima Begum, w/o Late IVtoM. Haji MoM. Ahmad Ali, aged about 85^years, occ Household, r/o H.No. 23-1-977, Moghalpura, Hyderabad.

...PETITIONER

AND

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

2 The Commissioner of Police, Hyderabad, office at Basheerbagh, Hyderabad.

J The Assistant Commissioner of Polic-e, Charminar, Hyderabad.

4 The Station House Officer, Mirchowk Police Station, Hyderabad

q The Station House Officer, Charminar Police Station, Hyderabad.

6 The Station House Officer, Hussaini Alam Police Statbn, Hyderabad.

...RESPONDENTS

Petition under Arlicle 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 lv'landamus, to declare the inaction of the respondent police in taking action on the complaint dt. 13.3.2015, as being iHegal, arbitrary and un.just, and consequently direct the respondent police to forthwith act upon the complaint dt. 13.3.2015 and take action in accordance with Law.

l.A. No: 1 oEzo190ryPUP- ilo: 15718 OF20'!5)

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

direct the Respondent no.4 to 6 herein to forthwith register the criminal cases pursuant to the complaint dt.13.03.2015, pending disposal of the main Writ Petition.

Counsel for the Petitioner : SRI VEMPATI MALLIKARJUN SHASTRY

Counsel for the Respondents: ASST. GP FOR HOME

The Court made the following: ORDER

i ij ii ii I rl I rl

THE HONOURABLE^{SRI JUSTICE B' VIJAYSEN REDDY -} WRIT^{PETTTION No.11947 0F 2015}

ORDER:^(ORAL)

Learned^{AssistantGovemment Pleader for Home submitted} that First^{InformationReport(FIR) No'132of 2015 hasbeen} registered^{with HussainialamPolice Stationfor the offences} punishable^{underSections420 ard 46E read with Section 34 of} the Indian^{PenalCode 1860(tPC) on the complaintof ttle} petitioner.^{Therefore,the cause in the writ petitiondoes not} survive^{requiringanyfurther adudication'}

2 A copy^{of FIR is} Ptaced^{on record'}

Recording^{the aforesaid submissionof the leamedAssistant} Govemment^{PleaderHome'the writ petitionis closed' No costs'}

As a sequel^{thereto,miscellaneousapplications'if any'} pending in^{the wnt wnt} Pet^{ition stand closed.stand closed.} S^.L. H

pending in^{the wnt wnt} Pet^{ition stand closed.stand closed.} S^.L. H I BABU ISTANT^REGI STRAR //TRUE^COPY// SECTTON^OFFICER To, 1. ONC^{CC tO SRIVEMPATI MALLIKARJUNS} H RY, Advocate' [OPUC] 2. Two^{ccsto GP FOR HOME' Highcourt for} the State^{of Telangana[OUTI} 3- Two^{CD Copies} BSK GJP yr-

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HIGH COURT

DATED:1910212025

ORDER

WP.No.11947 of 2015

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CLOSING THE WRIT PETITION WITHOUT COSTS

6..64#*

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the inaction of the respondent police in taking action on the petitioner's complaint dated 13.3.2015 was illegal, arbitrary and unjust, warranting a writ of mandamus directing them to act upon the complaint in accordance with law.¶18
The court held
Accordingly, recording the aforesaid submission of the learned Assistant Government Pleader for Home, the writ petition was closed with no costs.ratio¶30
2.
Whether, upon registration of FIR No. 132 of 2015 on the petitioner's complaint, the cause in the writ petition survived for any further adjudication.medium confidence¶28
The court held
Recording the Assistant Government Pleader for Home's submission that FIR No. 132 of 2015 had been registered with Hussaini Alam Police Station for offences under Sections 420 and 468 read with Section 34 IPC on the petitioner's complaint, the Court held that the cause in the writ petition does not survive requiring any further adjudication.ratio¶28

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226¶18
Code of Civil Procedure, 1908Section 151¶20
Indian Penal Code, 1860Sections 420, 468 read with Section 34¶28

Procedural history

How this case reached the court

AI extract

Order under challenge
No order under challenge; the writ petition assailed the inaction of the respondent police in taking action on the petitioner's complaint dated 13.3.2015, seeking a writ of mandamus.¶18
Prior proceeding
Petitioner lodged a complaint dated 13.3.2015 with the respondent police and sought a direction that they act upon it in accordance with law.¶18
Prior proceeding
Interlocutory application (caption garbled in OCR: I.A. No. 1 of 2015; a number '15718 of 2015' appears) under Section 151 CPC seeking a direction to respondent Nos. 4 to 6 to register criminal cases pursuant to the complaint dt. 13.03.2015 pending disposal of the main writ petition.¶19-21
Prior proceeding
FIR No. 132 of 2015 was registered with Hussaini Alam Police Station for offences under Sections 420 and 468 read with Section 34 IPC on the petitioner's complaint (as submitted by the Assistant Government Pleader for Home and recorded by the Court).¶28

Parties & counsel

AI extract

petitioner
Smt. Fathima Begum¶8
Sri Vempati Mallikarjun Shastry
respondent
The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad¶11
Assistant Government Pleader for Home
respondent
The Commissioner of Police, Hyderabad¶12
Assistant Government Pleader for Home
respondent
The Assistant Commissioner of Police, Charminar, Hyderabad¶13
Assistant Government Pleader for Home
respondent
The Station House Officer, Mirchowk Police Station, Hyderabad¶14
Assistant Government Pleader for Home
respondent
The Station House Officer, Charminar Police Station, Hyderabad¶15
Assistant Government Pleader for Home
respondent
The Station House Officer, Hussaini Alam Police Station, Hyderabad¶16
Assistant Government Pleader for Home

Coram

AI extract

B. Vijaysen Reddyauthor¶5

Case details

As recorded by the court registry

Court: Telangana HC
Decided on: 19 Feb 2025 · February
Registered: 22 Apr 2015
Case no.: WP/11947/2015
CNR: HBHC010246992015
Topic: Cheating and Forgery
Bench: B.vijaysen Reddy
Disposal: DISPOSED OF NO COSTS
Case type: Writ Petition

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Cite this judgement

Smt. Fathima Begum v. The State of Telangana, WP/11947/2015 (TEL), decided on 19 February 2025.

The High Court for the State of Telangana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226
Code of Civil Procedure, 1908Section 151
Indian Penal Code, 1860Sections 420, 468 read with Section 34

View all statutes

Procedural history4

No order under challenge; the writ petition assailed the inaction of the respondent police in taking action on the petitioner's complaint dated 13.3.2015, seeking a writ of mandamus.
Petitioner lodged a complaint dated 13.3.2015 with the respondent police and sought a direction that they act upon it in accordance with law.
Interlocutory application (caption garbled in OCR: I.A. No. 1 of 2015; a number '15718 of 2015' appears) under Section 151 CPC seeking a direction to respondent Nos. 4 to 6 to register criminal cases pursuant to the complaint dt. 13.03.2015 pending disposal of the main writ petition.

View full history

Bench / Coram

B. Vijaysen Reddy

Parties & counsel