Petitioners sought a direction to police to array persons named in their later complaints as accused in FIR No.184 of 2022, in which charge sheet was already filed. The court held they should have filed a protest petition before the Magistrate and dismissed the writ petition.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY,THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 14563 0F 2025
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 4th Respondent Police kept pending the petitioners' complaints submitted along with CCTV Footage dt. 10.03.2025, 28.10.2024, 31 .05.2024, without any reason as illegal, arbitrary and violation of principles of natural iustice guaranteed under Articles 14,2j and 300-4 of constitution of lndia and consequently direct the 4th respondent police forthwith to take appropriate action as per the law by considering the complaints of petitioners dt. 1 0.03.2025, 28j0.2024, 31 .05.2024
IANO:1 OF 2025
Petition under Section151 CPCprayingthat in the circumstances statedin the affidavitfiledin supportof the petition, the HighCourt maybe pleased to direct the4th respondentto take appropriateaction againstthe unofficialrespondents No. 5and 6 by considering the complaints submitted along with CCTV Footage by petitioners dt. 31.05.2024,28.10.2024, 10.03.2025as well as to conduct further investigationas per the provisionsof 173 (8) of Cr.PC/193(9) of BNSSin conneclionwith Charge Sheetsvide SC SPL No. 216 oI 2022 and SC SPL No. 232 of 2022on the file of PrincipalDistrictand Sessions court, Sanga Reddy, pending disposalof the above writ petition
Counselfor the Petitioner:SRl. K RAMACHANDRA
Counselfor the Respondent Nos.1to 4: GP FOR HOME
Counselfor the Respondent Nos.5&6: --
The Courtmade the following:ORDER
e-
THE HON'BLE SRI JUSTICE T. VINOD KUMAR - Writ Petition No. 14563 of 2025
ORDER:
Heard learned counsel for thepetitioners appearing through online, learnedGovernmentPleaderfor Homeappearingfor respondentNos.1to 4, andwith the consentof the learned counsel appearingfor the parties, theWrit Petitionis taken up for hearing and disposalat the admission stage.
Z. Having regard to the manner of disposal of the WritPetition atthe admissionstage and the nature pf /s involved, this Courtis of the view thatnotice to unofficialrespondent Nos.5 and 6 is not necessary for adjudicationof the present Writ Petition.
2
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to have approached the respondents-authorities by lodging a fresh complaint andhaving failed to do so, thepetitioners are only seeking to claim that thepersons in the aforesaid complaint dt.28.10.2024 are to be arrayed as accused in the complaint lodged in September, 2022, based on whrch, an FiR has already been registered. Investigation conducted thereinto and charge sheet has also been laid before the concerned Magistrate, which ispending for trial.
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into the crime or the contents of the charge sheet, the petitioners ought to have taken steps by filing a protest petition before the conceined Magistrate. As it is not shown to this Court of the petitioners availing the remedy under Cr.p.C./BNSS, this Court is of the view that the petitioners cannot now by the present Writ Petition seek a direction to the respondents-authorities for arraying the persons mentioned in the compraint dt'28'r0.2024 as accused having themserves faired to avair the remedies provided under Cr.p.C.
11 . In view of the above, the Writ petition as filed is devoid of any merit and is accordingly dismissed. No order as to costs.
SD/. L.LAKSHMI BABU I DEPUTY REGISTRAR //TRUE COPY// SECTION OFFIC
To,
II
HIGH COURT
DATED:0910612025
ORDER
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WF.No.14563 of 2025
DISMISSING THE WRIT PETITION WITHOUT COSTS
I
1 issue framed by the court
Whether the court should direct police to add persons named in a later complaint as accused in an FIR where charge sheet has already been filed.
4 provisions across 4 enactments
Smt. Bairy Debora
Sri Bairy Isthari
The State of Telangana, Rep. by its Principal Secretary (Home Department)
The Commissioner of Police, Siddipet
The Sub Divisional Police Officer/Assistant Commissioner of Police, Gajwel Division
The Station House Officer, Jagadevpur Police Station
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
