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Javed Razack, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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Telangana HC
2025
Javed Razack, Vs The State of TelanganaJaved Razack, v. The State of Telangana

Disposed¶31

Javed Razack, v. The State of Telangana

Telangana HC19 Feb 2025WP/13091/2015

Case brief

AI extract

What is this about?

Telangana High Court, single judge (B. Vijaysen Reddy, J.), order dated 19-02-2025 in W.P. No. 13091 of 2015 (filed 2015), Javed Razack (advocate-petitioner) v. State of Telangana, Commissioner of Police Hyderabad City, ACP CCS/DD, Elizabeth Gager, Bernard Christie, SHO Chilkalguda, ACP Chilkalguda and DCP DD CCS. Article 226 mandamus sought against DCP's direction to re-register Crime No.38/2013 (Chilkalguda Police Station) and consequential FIR Crime No.205 of 2014. Disposed of as infructuous on counsel's submission that cause does not survive; no costs; miscellaneous applications including S.151 CPC stay application (I.A. No.1 of 2015, WPMP No.17194 of 2015) closed. No ruling on merits; useful only as evidence of non-survival/infructuousness, not for any legal proposition.

What did the court decide?

None; the writ petition was disposed of as infructuous with no order as to costs, and pending miscellaneous applications were closed.

Why is it important?

The writ petition is disposed of as infructuous, recording the submission of learned counsel for the petitioner that the cause in the writ petition does not survive requiring any further adjudication. ¶31

What the court decided

AI extract

Outcome

None; the writ petition was disposed of as infructuous with no order as to costs, and pending miscellaneous applications were closed.

Issue for consideration

Whether the action of the 8th respondent in directing the 3rd respondent to re-register Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, and the consequential registration of Crime No.205 of 2014, was illegal, arbitrary, unconstitutional and without jurisdiction.

Ratio / Principle

The writ petition is disposed of as infructuous, recording the submission of learned counsel for the petitioner that the cause in the writ petition does not survive requiring any further adjudication.

Key takeaways

There shall be no order as to costs.ratio¶32
Miscellaneous applications, if any, pending in the writ petition stand closed.ratio¶34

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (B. Vijaysen Reddy, J.), 19-02-2025, Writ Petition No. 13091 of 2015 — Javed Razack v. State of Telangana and others. Writ petition under Article 226 of the Constitution of India sought a writ of mandamus declaring illegal, arbitrary, unconstitutional and without jurisdiction the action of the 8th respondent (Deputy Commissioner of Police, DD, CCS, Basheer Bagh) in directing the 3rd respondent (ACP, CCS, DD) to re-register Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, and the consequential registration of Crime No.205 of 2014. At the hearing, learned counsel for the petitioner submitted that the cause in the writ petition did not survive requiring any further adjudication. Recording that submission, the Court disposed of the writ petition as infructuous, made no order as to costs, and closed pending miscellaneous applications (including I.A. No.1 of 2015 / WPMP No.17194 of 2015 under Section 151 CPC). No adjudication on merits; no precedent considered.

A

[³¹⁸³ ]

HIGH COURT FOR THE STATE OF TELANGANA ; AT HYDERABAD

(Special Original Jurisdiction)

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

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 13091 OF 2015

Between:

Javed Razack, S/g Abdul Razack,^{Aged 46 years, Occ Advocate,Rio 3-6-} 259, Suit B, 3rd Floor, Span Chambers,^{Himayatnagar, HYderabad}

,ITIONER

AND

The State of Telangana, rep- by^{its Principal Secretary, Department of Home,} Secretariat Buildings, Saifabad, Hyderabad.

The Commissionei of Police, Hyderabad^{City, Basheer Bagh, Hyderabad.}

The Assistant Commissioner of Police, CCS,^{D.D., Hyderabad, Central Crime} Station, Basheerbagh, Hyderabad.

tVlrs.Elizabeth Gagei, Wio.Nigel Gager, Aged 37^{years, Fl/o.12-8-428, Modis} Compound, Mettuguda, Secunderabad.

Bernard Christie, S/o. late A.H.Christie,^{Aged33 years, R/o.12-8-428,Modis} Compound, Mettuguda, Secunderabad.

The Station House Officer, Chilkalguda^{Police Station, Secunderabad.}

The Assistant Commissioner of Police, Chilkalguda,^Gopalpuram, Secunderabad.

The Deputy Commissioner of Police,^{Detective Department Central Crime} Station, Basheer Bagh, Hyderabad

...RESPONDENTS

Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue a Writ, Order or Direction more^particularly one^{in the nature of} Writ of tvlandamus declaring the action of the 8th^{Respondent in directing the 3rd} Respondent to re-register Crime No.38/2013 of^{Chilkalguda Police Station,} Hyderabad and consequpntial action of ihe 3rd^{Respondentin registeringCrime} No.205 of 2014 at the instance and directions^{of the Deputy Commissionerof} Police, DD, GCS, Basheer Bagh, Hyderabad^{as illegal,arbitrary, unconstitutional} and without^{jurisdiction.}

l.A. NO: 1 OF 2015 WPMP. NO: 17194 OF 201⁵⁾

Petition under Section^'151 CPC praying that in the circJmstances^statedin the affidavit filed in support of the^petition, the High^{Court may'be pleased stay all} further proceedings in Crime No.20512014 of the 3rd^{Respondent namely; the} Assistant Commissioner of Police, Central^{Crime Station, Basheer Bagh,} Hyderabad now investigated on the directions of^{the 8th Respondent namely;} Deputy Commissioner of Police, DD, CCS, Basheerbagh,^{llyderabad,pending} disposal of the Writ Petition before this Hon'ble.Court.

Counsel for the Petitioner: SRI SATISH^{KUMAR KUNA} Counsel for tlie Respondent Nos.1 TO 3 & 6 TO^{8: GP FOR HOME} Counsel for the Respondent Nos.4 & 5: -

The Court made the following: ORDER

THE HONOURABLE^{SRI JUSTTCEB' VIJAYSEN REDDY}

WRIT PE^{TITION No.130910F 2015}

ORDER:^(ORAL)

Mr. Satish^{Kumar Kuna'leamed counsel for the petitioner} submitted^{that cause in this writ petitiondoes not sun'ive requiring}

any further^{adj udication'}

Recording^{the albresaid submission of the leamedcounsel} for the^{petitioner, the writ petition is disposedof as infructuQus'}

There shall^{be no orderas to costs'}

As a sequel^{thereto,miscellaneous applications' if any'}

pending^{in this writ petition stand closed}

SD/. K.SREE^{hlma ruuRrHv} s ISTAN^TREGIS

//TRUE^COPY//

SECTION^OFFICER tariat Buildings't Buildings'Buildings'

To tariat Buildings't Buildings'Buildings' 1. The^{PrinciPal Secretary,DePartment of Home, S} Saifabad,^H #erabad,^{State of Telangana} Basheer^{Bagh,Hvderabad.}

1. 1. The The^CommiAssista ssrft ioner of Commissioner^Police'of Hyderab^Policead ,^{CCS,CitY,b.D., Hyderabad,} bentral^Crime Station, Basheerbagh,^HYd efabad. uda^{Police Station, Secunderabad}

4.7he Station^Hou se Officer, Chilkalg 5.7 he^{AssistantConlmissioner of Police, Chilkalguda,GopalPuram'} Secunderabad issioner^{of Police, Detective Department Central Crime}

1. The^DeP uty 9omm Station,^Bashe er Bag^{h, Hvd} erabad Advocate I^OPUC]

1. One^{CC to} SRISATISHKU MAR ,^{High KUNA,Courtfor the State of Telangana, at} 8. Two^{CCs toGPFOR HOME} Hyderabad tourl

1. Two CD CoPies

PSK. GJP /

HIGH COURT

DATED:1910212025

I

ORDER

WP.No.13091 of 2015

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DISPOSING OF THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the action of the 8th respondent in directing the 3rd respondent to re-register Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, and the consequential registration of Crime No.205 of 2014, was illegal, arbitrary, unconstitutional and without jurisdiction.¶21

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶21
Code of Civil ProcedureSection 151¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Action of the 8th respondent (Deputy Commissioner of Police, DD, CCS) directing the 3rd respondent to re-register Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, and the consequential registration of Crime No.205 of 2014 by the 3rd respondent, alleged to be illegal, arbitrary, unconstitutional and without jurisdiction¶21
Deputy Commissioner of Police, DD, CCS, Basheer Bagh, Hyderabad (police/administrative direction; no judicial forum identified)
Prior proceeding
Registration of Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, which the 8th respondent directed the 3rd respondent to re-register¶21
Prior proceeding
Registration of Crime No.205 of 2014 by the 3rd respondent at the instance and directions of the Deputy Commissioner of Police, DD, CCS, Basheer Bagh, Hyderabad¶21
Prior proceeding
I.A. No.1 of 2015 (WPMP No.17194 of 2015) under Section 151 CPC filed in the writ petition seeking stay of all further proceedings in Crime No.205/2014 pending disposal of the writ petition¶22

Parties & counsel

AI extract

petitioner
Javed Razack¶9
Satish Kumar Kuna
respondent
The State of Telangana, rep. by its Principal Secretary, Department of Home¶12
GP FOR HOME
respondent
The Commissioner of Police, Hyderabad City¶13
GP FOR HOME
respondent
The Assistant Commissioner of Police, CCS, D.D., Hyderabad, Central Crime Station, Basheerbagh¶14
GP FOR HOME
respondent
Mrs. Elizabeth Gager¶15
respondent
Bernard Christie¶16
respondent
The Station House Officer, Chilkalguda Police Station, Secunderabad¶17
GP FOR HOME
respondent
The Assistant Commissioner of Police, Chilkalguda, Secunderabad¶18
GP FOR HOME
respondent
The Deputy Commissioner of Police, Detective Department, Central Crime Station, Basheer Bagh, Hyderabad¶19
GP FOR HOME

Coram

AI extract

B.VIJAYSEN REDDYauthor¶6

Case details

As recorded by the court registry

Court: Telangana HC
Decided on: 19 Feb 2025 · February
Registered: 28 Apr 2015
Case no.: WP/13091/2015
CNR: HBHC010217782015
Topic: Writ and Judicial Review
Bench: B.vijaysen Reddy
Disposal: DISPOSED OF NO COSTS
Case type: Writ Petition

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Cite this judgement

Javed Razack, v. The State of Telangana, WP/13091/2015 (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.

Statutes2

Constitution of IndiaArticle 226
Code of Civil ProcedureSection 151

View all statutes

Procedural history4

Action of the 8th respondent (Deputy Commissioner of Police, DD, CCS) directing the 3rd respondent to re-register Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, and the consequential registration of Crime No.205 of 2014 by the 3rd respondent, alleged to be illegal, arbitrary, unconstitutional and without jurisdictionDeputy Commissioner of Police, DD, CCS, Basheer Bagh, Hyderabad (police/administrative direction; no judicial forum identified)
Registration of Crime No.38/2013 of Chilkalguda Police Station, Hyderabad, which the 8th respondent directed the 3rd respondent to re-register
Registration of Crime No.205 of 2014 by the 3rd respondent at the instance and directions of the Deputy Commissioner of Police, DD, CCS, Basheer Bagh, Hyderabad

View full history

Bench / Coram

B.VIJAYSEN REDDY

Parties & counsel