K Nivedita Vs The State of Telangana thru its… — Murder and Culpable Homicide | Telangana HC (2025)

K Nivedita Vs The State of Telangana thru its… — Murder and Culpable Homicide | Telangana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the action of the fourth respondent in not altering the provision of law from Section 174 CrPC to Section 304-B IPC in Crime No. 67 of 2017 of Alwal Police Station, pursuant to the petitioner's report dated 05.02.2017, was illegal, arbitrary and violative of Articles 14 and 21 of the Constitution, warranting a direction to investigate under Section 304-B IPC against the fifth respondent.

Court's answer

Recording the submissions of the learned counsel for the petitioner that the cause in the writ petition does not survive for adjudication, the Court dismissed the writ petition as infructuous, with no order as to costs.

Ratio / Principle

Miscellaneous petitions, pending if any, shall stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), Justice N. Tukaramji, order dated 04-11-2025 in Writ Petition No. 14490 of 2017 (K Nivedita v. The State of Telangana and others, including Rahul S Rajwadi as fifth respondent). The petitioner sought a writ of mandamus declaring illegal, arbitrary and violative of Articles 14 and 21 of the Constitution the fourth respondent's (Station House Officer, Alwal Police Station, Secunderabad) failure to alter the provision of law in Crime No. 67 of 2017 — registered pursuant to her report dated 05.02.2017 — from Section 174 CrPC to Section 304-B IPC against the fifth respondent, and a consequential direction to investigate under Section 304-B IPC; an interim application (I.A. No. 1 of 2017) under Section 151 CPC sought interim directions to the same effect. At hearing, counsel for the petitioner submitted that the cause did not survive for adjudication and sought dismissal as infructuous; recording that submission, the Court dismissed the writ petition as infructuous with no order as to costs and directed that pending miscellaneous petitions, if any, stand closed. No precedent was cited or engaged; no substantive ruling was made on the question of alteration of the provision of law.

132171

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

TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION NO: 14490 OF 2017

Between:

K Nivedita, wio K Srinivas aged 3'l^years, occ.^private lecturer,^{r/o no. Plot no} 31, House no. 14-23 Katlashnagar, Adilabad town^{Adilabad district}

..PETITIONER

AND

1 The State of Telangana thru its Principal Secretary, Home Department Secretariat, Hyderabad

2 The Commissioner of Police Hyderabad City, at Basheerbagh, Hyderabad

J The Deputy Commissioner of Police North Zone, Secunderabad

4 The Station House Officer Alwal^police station, Secunderabad 5. Rahul S Rajwadi, s/o Sateesh Patel Rajwadi aged^{29 years, occ: businessr/o} .no.^{2B-7611211,Subhashnagarnear Bhoodevinagartoddycompound} Trimulgherry, Secunderabad

..RESPONDENTS

Petition under Article 226 of the Constitution of^lndiapraying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a writ or order/s more particularly one in the nature of Writ of Mandamus declaring the action of the fourth^respondent in^{not altering the} provision of law from section 174 CrPC to section 304-8 lPC, in crime^no. 6712017 of Alwal^police station, Secunderabad,^pursuant to^{my reportdated} 5-2-2017, as being illegal, arbitrary and violative of^{Articles 14 and 21 of the} Constitution of lndia, and to consequently direct^{the fourth respondent to conduct} investigation by altering the section of law to section 304-8 of^{lPC, against the} fifth respondent and be^pleased to^pass such other order/s as^{this honble court} may deem fit and^proper in the circumstances of the case.

l.A. NO: 1 OF 20i7(WPMP. NO: 17s57 OF 20171

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 issue interim directions kr the fourth respondent to alter the section of offence in crime no. 6712017 from 174 CrPC to section 304-8 of the lPC, pending drsposal of the Writ Petition;

Counsel for the Petitioner : SRI VIVEK JAIN

Counsel for the Respondent Nos. 1 to 4: SRI D. PRADEEP, AGP FOR HOME

Counsel for the Respondent No. 5 : ----

The Court made the following: ORDER

t6h : ';:lir,r tlli

THE HONOURABLE^{SRI JUSTICE N.TUKARAMJI}

WRIT PETITION No.1zl490^{oF 2017}

BQEB:

ThisWritPetitionisfiledunderArticle226ofConstitutionoflndia

seeking the following^relief

".. to lssue a Writ or Order/s more^{paiicularlyone in the nature} of Writ of Mandamus declaring^{the actiono the4th respondent in} not altering the^{provisionof law fromSection174 of Cr'P.C'to} Section3}4-B of lPC,^{in crime No.67of 2017 of AlwalPolice} Station, Secunderabad,^{pursuant to petitioner'srepoftdated} 05.02.2017, as being^{itlegal, arbitraryandviolative of Articles 14} and 21 of the Constitution^{of lndia,and to consequently direct the} 4th respondent to conduct^{investigation by altering theSectionof} Law to Section 304-8^{of lPC, against the dh respondent, and be} pleased lo pass. -..^"

2_ Heard Mr-Vivek Jain. learned^{counsel for the petitionerand}

Mr.D Pradeep, learned Assistant^{Government Pleaderfor Home appearing} for respondent Nos.1 to^4.

Learned counsel^{for the petitioner submits that the cause in this Writ} petition does not survive for adjudication^{and seeks to dismiss this Writ} Petition as infructuous.

Recording the submissions^{of the learned counselfor the petitioner,}

this writ Petition^{is dismissed as infructuous.Thereshallbe no order as to} costs.

Miscellaneous Petitions,^{pending if any,shallstandclosed'}

SD/.A. JAYASREE ASSISTANT REGISTRAR 6

\

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI VIVEK JAIN, Advocate [OPUC]

Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT]

Two CD Copies

w*,,

,li'ii.:

HIGH COURT

DATED:0411112025

ORDER

WP.No.14490 of 2017

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TC

DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS

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