Dr.Vangarapu Prasad Babu Vs The State of… — Child Sexual Offences (POCSO) | Telangana HC (2025)

Dr.Vangarapu Prasad Babu Vs The State of… — Child Sexual Offences (POCSO) | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of directing respondent No.3 (Commissioner of Police, Cyberabad) to consider the petitioners' complaints dated 31.12.2024, 09.04.2025 and 03.06.2025, supervise the enquiry/investigation thereon and take appropriate action strictly in accordance with law as expeditiously as possible, with a recorded suggestion that the lady Deputy Commissioner of Police, Kukatpally/Madhapur could conduct the enquiry. The prayers for transfer of the re-investigation in S.C.No.296 of 2025 to an independent agency headed by an officer not below IG rank or to the CBI, and for stay of further proceedings/personal appearance in S.C.No.296 of 2025, were not granted. No order as to costs; miscellaneous applications closed.

Issue for consideration

Whether the inaction of respondent Nos.1 and 2 in not considering the petitioners' representation seeking transfer of the investigation in FIR No.1767 of 2024 (Miyapur Police Station) calls for a writ of mandamus directing transfer of the re-investigation in S.C.No.296 of 2025 to an independent agency headed by an officer not below the rank of Inspector General of Police, or to the Director, CBI, Hyderabad. +2 more

Court's answer

In view of the sensitivity, and with the concurrence of learned counsel for the petitioners and the learned Government Pleader for Home, the Court disposed of the writ petition directing respondent No.3 to consider the petitioners' complaints, supervise the enquiry/investigation and take appropriate action strictly in accordance with law as expeditiously as possible; the principal prayers for transfer of investigation to an independent agency/CBI and for stay of S.C.No.296 of 2025 were not granted.

Ratio / Principle

Since the complaint of the petitioners' daughter was considered, an FIR registered and a charge sheet filed, but no appropriate action was taken on the petitioners' complaints for about a year, the Court directed the respondent authorities to take up the petitioners' complaint and take appropriate action strictly in accordance with law.

Key takeaways

The Court directed respondent No.3 (Commissioner of Police, Cyberabad) to supervise the enquiry/investigation on the petitioners' complaints dated 31.12.2024, 09.04.2025 and 03.06.2025, and the respondents were directed to initiate action on those complaints and take appropriate steps strictly in accordance with law.ratio¶59
During the course of hearing it was suggested that the Deputy Commissioner of Police, Kukatpally/Madhapur, who comes under the jurisdiction of respondent No.3's commissionerate and is a lady officer, would be appropriate to take up the enquiry/investigation on the petitioners' complaints/representations.obiter¶59

Detailed headnote1 paragraphs

Telangana High Court (N.V. Shravan Kumar, J.) disposed of a writ petition by two doctor-parents against whom FIR No.1767 of 2024 was registered by the SHO, Miyapur Police Station, on their daughter's complaint, under Sections 74, 75, 351(2) read with Section 49 BNS and Section 9(n) read with Section 10 POCSO Act, 2012; charge sheet filed 06.02.2025 as S.C.No.296/2025 (Fast Track Special Judge, Rape & POCSO Cases, Rajendranagar). The petitioners sought mandamus against the inaction of respondent Nos.1-2 on their representations (31.12.2024, 09.04.2025, 03.06.2025) and transfer of re-investigation to an independent agency (IG-rank led) or the CBI, plus stay of trial-court proceedings. Holding that the respondents ought to have acted on the petitioners' complaints for over a year, the Court directed respondent No.3 (Commissioner of Police, Cyberabad) to consider the complaints, supervise the enquiry/investigation and act strictly in accordance with law expeditiously, suggesting the lady DCP Kukatpally/Madhapur could conduct it; transfer-to-CBI and stay prayers were not granted. No costs; miscellaneous applications closed. Registry note: paras 8-9 substituted vide orders dated 23-1-2026 in I.A.No.1 of 2026.

[^32s5 I

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

MONDAY, THE TWENTY NINTH DAY OF DECEIUBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION :20425 OF 2025

Between:

Dr.Vangarapu Prasad Babu, S/o. Late Sri Venkateswarlu, aged about 64 years, Occ. Pediatrician, Aadhar Card No.773317418074 R/o. Plot No.38/225, Sai Nagar, Madinaguda, Miyapur, Hyderabad.

Dr. Singanamala Rohini Devi, Wo. Dr. Vangarapu Prasad Babu, aged about 58 years, Occ-Gynecologist, Aadhar Card No.629372446343, R/o. Plot No.38/225, Sai Nagar, Madinaguda, Miyapur, Hyderabad.

.....PETITIONERS

AND

't. The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad.

The Director General of Police, Office of the DGP, Lakdikapool Hyderabad - 500004.

The Commissioner of Police, Cyberabad Police Commissionerate Old Mumbai High Way, next to Care Hospital Telecom Nagar Extention, Sri Shyam Nagar Gachibowli, Hyderabad - 500032.

The Station House Officer, Miyapur Police Station Cyberabad Police Commissionerate.

The Director (CBl), Office of Central Bureau of lnvestigation CBI Block-A, 3rd or 4th Floor, Kendriva Sadan, Koti, Sultan Bazar, Hyderabad - 500063.

.....RESPONDENTS

Petition Under Article 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 any appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring that the inaction of the Respondent No.1 & 2 in not considering the Representation dated 04.06.2025 submitted by the Petitioners herein to transfer the lnvestigation in FIR No.1767 ot 2024, Miyapur

Police Station, Cyberabad police Commissionerate for a fair and impartial investigation as the Respondent No.4 herein ( SHO, Miyapur pS) registered FIR No.1767 of 2024 against the petitioners herein without folrowing even the principles of due process of Law, is as illegal, arbitrary, unjustified and it is nothing bur vioration of principles of setfled Law as per the spirit of Articre 14 & 21 of the cons;titution of rndia and consequenfly DrREcr the Respondent No.1 and 2 herein (Th e Principal Secretary - Home, Government of Telangana and the Director Generar of porice for the state of rerangana) to TRANSFER the "reinvestigration" in s.c.No.296 of 2025 on the file of Fast rrack special Judge for Trial & Disposal of RApE & POCSO Cases At Rajendranagar, Ranga Rerldy District in FrR No.1767 ot 2024 of Miyapur porice station, Cyberabad Police Commissionerate to any independent Agency, heading by not below the rank of lnspector General of police, (OR) to the Respondent No.5, i.e. the Director, cBr, Hyderabad. to conduct ,,re-investigation,, to ericit the truth or otherwise for a fair and impartiar investigation, and further that this Hon'ble Court may be pleased to grant ,,stay of all further proceedings,, including the personal appearance of the petitioners herein in S.c.No.296 of 2025 on the fire of Fast rract speciar Judge for Triar & Disposar of RApE & POCSO Cas;es At Rajendranagar, Ranga Reddy District pending disposal of the above writ Petition on the strength of the documents annexed with this writ petition.

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Petition Under section 151 cpc praying that in the circumstances stated in the affidavit liled in support of the petition, the High court may be pleased to direct the Rel;pondent Nos.1 and 2 to transfer the investigation in S.c.No.296 of 2025 on lhe file of Fast Track speciar Judge for Triar & Disposar of RApE & Pocso cases At Rajendranagar, Ranga Reddy District in FrR No.1767 of 2024, Miyapur Poli,re station, cyberabad porice commissionerate either to an independent ilgency, heading by not below the rank of lnspector Generar of Police, oR transfer to the Director of cBl, Hyderabad to investigate the matter in the interest of iustice, else the petitioner's will suffer irreparable loss and injury.

lr - ii'i

!.A.NO:2 OF 2025

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 grant of stay of all further proceedings including the personal appearance of the Petitioners herein in S.C.No.296 of 2Q25 on the file of Fast Track Special Judge for Trial & Disposal of RAPE & PoCSo Cases At Rajendranagar, Ranga Reddy District in FIR No.1767 of 2024, dated 26-12-2024, registered by the Respondent No.4 herein i.e., the SHO, Miyapur Police Station, Cyberabad Police Commissionerate, pending disposal of the above Writ Petition on the strength of the documents annexed with this writ petition.

!.A.NO:4 OF 2025

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 ADVANCE / PREPONE the date of Admission/Hearing from 21.11.2025 to any other short date, as per convenience of this Hon'ble Court.

Counsel for the Petitioners : SRI M.V.S.SAI SHARATH

Counsel for the Respondent Nos.1 to 4 : GP FOR HOME

Counsel for the Respondent No.S : SPL. PP FOR CBI

The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTTCE N.V.SHRAVAN KUMAR

WRIT PETITION No. 25 of 5 DATE OF ORDER: 29. L2.2O2S

Betwe:en:

Dr. Vzrngarapu Prasad Babu, s/o. Late sri venkateswarlu & Another

...Petitioner

AND

The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad & 4 Others

...Respondents

ORDE:R:

T.eis writ petition is filed seeking'a direction in the nature of writ of Mandamus questioning the inaction of respondent Nos.l and 2 in not considering the representation dated 03.06.2025 submitted by the petitioners to transfer the investigation in FIR No.176z of 2024, Miyapur police station, cyberal>ad Police commissionerate for a fair and impartial investigation, as the respondent No.4 - s.H.o., Miyapur police

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Station registered FIR No. 1767 of 2024 against the petitioners without following due process of law. A consequential prayer is sought to direct respondent Nos.1 and 2 to transfer FIR No.rr67 of 2024, Miyapur Police Station, Cyberabad police Commissionerate to any independent Agency, heading by not below the rank of Inspector General of Police or to respondent No.5 - Director, Central Bureau of lnvestigation, Hyderabad to conduct "re-investigation" to elicit the truth or otherwise for a fair and impartial investigation.

The petitioners submit that provisions of prevention of children from Sexual offences Act,2ol2 (for short "pocso Act, 20l2l are being misused in general, particularly, in the present case by filing a false and frivolous case against the petitioners by their own daughter referred as Ms.XXXXXXX showing her vengeance and to settle her personal scores against her own parents / petitioners. It is further stated that the petitioners' own daughter filed a complaint against her own parents I petitioners on instigation of her boy friend by name Mr. Minai Sheharaj, R/o. Hyderabad by exploiting petitioners'daughter on the pretext of love jihadi, which created threat and havoc not only to the lives of the petitioners and also to their daughter to grab the petitioners' properties in order to achieve wrongful

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gains, ;1s per whims and fancies by spoiling her carrier. It is further stated that to prove the innocence of the petitioners, they are reacy and willing to undergo Narco Analysis Test with the permiss;ion of the court. [n view of the gravity of the situation, the petitioners are seeking indulgence of this court in the interest ofjustice.

on the complaint filed by the petitioners'daughter against her own parents, an F.l.R was registered uide No.rr6z of 2024 by the sitation House oflicer, Miyapur police Station against the petitionr:rs, under Sections 74, T5,351(2) read with Section 49 of BNS and Section 9(n) read with Section 10 of pocSo Act 2ol2 and the matter was taken for investigation. The petitioners were released on Station Bail on the assurance that the petitiont:rs will co-operate with the investigation. It is further submittr:d that in the said F.l.R., charge sheet has been filed on 06.02.2(125 and the same is numbered as S.c.No.296/2o2s on the file of Special Sessions Judge for Trial & Disposal of pocso Act Cases, Rajendranagar.

Leerrned counsel for the petitioners submitted that the petitioners'daughter is a medical student and that she has been suffering from mental ailments and would require treatment. It is furthe,: submitted that the petitioners being the doctors, have

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the complete knowledge of the medical history of their daughter and that she is on medication. It is further submitted that the petitioners' daughter is not staying with her parents and is staying with her boy friend Mr. Minai sheharaj at his residence. It is further submitted that Mr. Minai Sheharaj is a married person. It is further submitted that the petitioners, daughter is a medical student and that the said Minai Sheharaj is exploiting the petitioners' daughter and in the best interest of the petitioners' daughter, the petitioners filed representation / complaint on 31.L2.2o24 to respondent No.4 - s.H.o. of Miyapur Police Station against the said Mr. Minai Sheharaj for harassing and trapping the petitioners'unsound minded daughter, and the same was received by the said s.H.o. on 0l.ol.2o2s. But the same was not acted upon. It is further submitted that the petitioners made another representation / complaint on o9.o4.2o25 to respondent No.4, but the same was also not acted upon. As such, the petitioners gave another complaint on 03.06.2025 to respondent Nos.l to 5 and the same has been acknowledged and a copy of the postal endorsement has been filed along with the material papers.

The main grievance of the petitioners is that the complaint lodged by the petitioners'daughter has been registered and an

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F.l.R'^/as registered and charge sheet has also been filed, but the respo:rdents having considered the complaint filed by the petitioners, no action has been initiated till date. This court on various occasions heard the matter in detail and on 24.r2.2o2s directr:d the Station House officer, Miyapur police Station to be present before this Court to appraise the status of the complaint lodged by the petitioners.

[,earned Government pleader for Home submitted that the concerned Station House officer of Miyapur police Station is present before the court and prays this court to pass approprriate orders.

Fleard learned counsel for the petitioners and learned Government Pleader for Home and perused the record.

8- Since the complaint lodged by the petitioners'daughter is conside:red and an F.l.R. is registered and a charge sheet is also filed subsequently, the respondents ought to have taken up the complalnt lodged by the petitioners and considering that no appropriate action is taken up by the concerned respondents for the last one year on the complaint lodged by the petitioners, this court deems it appropriate to direct the respondent authorities to take up the petitioners'complaint and take appropriate action

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strictly in accordance with law. Since the petitioners, grievance is against respondent No.4, who has not taken any steps on their complaint, further, this court deems it appropriate to direct respondent No.3 to supervise the enquiry/investigation on the complaints made by the petitioners on 31.12.2024, og.o4.2o2s and 03.o6.2025. since a copy of the petitioners' complaint / representation dated 03.o6.2o2s is served on all the respondents, the respondents are directed to initiate on the petitioners' complaints and take. appropriate steps strictly in accordance with law. During the course of hearing, it was suggested that the Deputy commissioner of police, Kukatpally, Madhapur, who comes under jurisdiction of respondent No.3 commissionerate, being a lady officer, wourd be appropriate to take up the enquiry / investigation on the petitioners, complaints / representations.

In view of the sensitivity and with.the concurrgnce of the learned counsel for the petitioners and learned Government Pleader for Home, and since it is submitted that petitioners being the parents of Ms.XXXXXXX have certified regarding the health status of their daughter, this Court deems it appropriate to dispose of this writ petition directing respondent No.3 to consider the petitioners'complaints and supervise the enquiry /

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invesligation and take appropriate action strictly in accordance

with l.aw as expeditiously as possible.

'vl/ith the above observations, this writ petition is disposed

of. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications if any

pending, in this petition, shall stand closed.

SD/.M. NAGAMANI REGISTRAR Note : That the paragraph Nos.8 and^g of the order or,ffttt'ANT 29-12-2025 in WP.No.20425 ot 2025 are modified and substituted as per the orders of Hon'ble Court dated 23-1-2026 in l.A.No.l ot 2026.

This amended order shall substituted the earlier order whichr has already been dispatched on 22-1-2026.

//rRUE COPY//

Sd/-M.NAGAMANI ASSISTANT REGISTRAR

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SECTION OFFICER

To

r!",p. P'incipal secretary, Home Department, Secretariat, state of relangana at Hycerabad.

The Director General of Police, Office of the DGP, Lakdikapool Hyderabad - 500004.

The crrmmissioner of Police, cyberabad^police commissionerate old Mumbrai High way, next to care Hospital relecom Nagar Extention, Sri Shyanr Nagar Gachibowli, Hyderabad - 500032

The Station House officer, Miyapur Police station cyberabad police Commissionerate. i

The Dilector (CBl), Office of Central Bureau of lnvestigation CBI Btock-A, 3rd or 4th l:loor, Kendriva Sadan, Koti, Sultan Bazar, Hyderabad - 500063.

Two ctls to GP FoR HOME, High court for the staie of rerangana at Hyderebad. [OUT]

One C(l to SRI M.V.S.SAI SHARATH, Advocate tOpUCl

Two Ct) Copies

SA BS D.

't

HIGH COURT

DATED:2911212025

23101t2026

AMENDED ORDER

WP.No.1l0425 of 2025

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DISPOS!NG OF THE W.P

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