Disposed

Gantenapalli Babu Rao v. The State of Telangana

Telangana HC18 Jul 2025WP/20766/2025

Case brief

AI extract

What is this about?

Petitioner sought a writ to restrain police from implicating or arresting him in FIR No. 334/2025 of Adibatla PS without due process. Government Pleader stated petitioner was arrayed as Accused No.2 and absconding, with charge sheets filed against other accused. Court directed police to secure his presence, complete investigation and file supplementary charge sheet expeditiously.

What did the court decide?

Respondents directed to secure petitioner's presence, investigate, and file supplementary charge sheet expeditiously; writ petition disposed of with no costs

Gantenapalli Babu Rao Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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[3166 ]

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s. ,F*. |.I 't*t **

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

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FRIDAY. THE EIGHTEENTH DAY OF JULY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 20766 OF 2025

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Between:

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Gantenapalli Babu Rao, S/o G. Krishna Murthy Age 42 years, Occ Private Emp Residing at H No. 2-88, Peridepi Village, Prakasam District, Andhra Pradesh.

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...PETITIONER

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AND

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

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fhe Commissioner of Police, Rachakonda Police Commissionerate, {Malkajgiri, Telangana - 500056.

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The Station House Officer, Adibatla Police Station, Adibatla, Telangana^- 50'151

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...RESPONDENTS i:^.+.

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Petition under Article 226 of tl|e 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 [Vandamus

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a) Declaring the action of the respondent no 3 in seeking to implicate and harass the petitioner in FIR No. 33412025 dated 08/06/2025 , of Adibatla PS, Rachakonda, as illegal, arbitrary and violative of Article 21 of the Constitution of lndia

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i;. b) Consequently, direct the Respondents not to harass or airest the petitioner I ii i without following the due process of law.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^praying thatⁱⁿ the^{ircumstancesstated} in the affidavit filed in support of the^petition, the^{High Co I t maybe pleased1o} direct the Respondent no 3 to not to harass or^{arresl t re petitionerwithout} following the due process of law.

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Counsel for the Petitioner: SRI M.KESHAV YADAV

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Counsel for the Respondents: GP FOR HOME

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE T. VINOD KUMAR

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WRIT PETITION No.20766 of 2025

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ORDER

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Heard learned counscl tbr the petitioner and leamed Governrrent Pleader fbr Horne appearing on behalf of respondent Nos. I to 3, and penrscd the record. With the consent of^learned counsel appearing tbl the palties, thc Writ Petition is taken^{up for} hearing and disposaI at adtnission stagc.

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2 The case of the pctitioner in brief is that the 3'd^respondent authority IS seeking to implicate and harass the^petitioner It1 Cr.No.i34l2025 dated 08-06-2015 though, the^{petitioner is not} involved in the cornrnission of oft-ence, which action^{of the respondent} authorities, it is contended as highlv ittegal,, arbitrary^{and violativeof} Article 2 I of the Constitution of India, with a consequential^direction to respondents not to harass the^petitioner without^followingdue process of law

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Per contra, lealned Govemment Pleader for Flome appearing on behalf of respondent Nos.l to 3, rvhile denying the Writ^averments, would subrnit that based on the conrplaint of one Nenavath Santosh,^a case vide Cr.No.334l2025 dated 08-06-2025 has been^registered

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-:*r#-,

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iritially against one Yathapu prudvi, Devender anr unknown black nlaglc person

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Lea.red Go'ernment r)leadcr further s,b* ir : that duri.q the cor-rL'se of investigatior-r into the afbr.csaid crir,. res:istererl, the authorities ltave lound thc involve,rcnt ol- 1,, t tioncr in thc cornrnission ol of lence and accordingll,, thc petitio.r: Iterei, has been amayed as Accused No.2 in the aforesaid crime.

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Learncd Government pleac{er lurther ;rnruits that thc respondent authorities, after. completing the invc:r rsatior.r into the albresaid crirne, have already fired chargc sheel belt r -' thc jur.isdiction Clourt insofar as Accused Nos.l, 3 to 5 ar.e concer.u( l. and since. thc petitione. herein, who is arral,ed as accused No.l is rrbscr.r.cli,g. thc authorities would file supplementary charge shect , tire afor.esrid crirne after securing the presence of the petitioner.

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Leamed Govemment^pleader further submit:i r Lirt irsofar as the charge sheet against Accused No. r and 3 to 5 is c(.) r rtlmed. thc samc is filed before the jurisdictional couft on 25-06- -( -r5 r iclc Inrvard No.2034/2025 dated 25-06-2025 and rhe sarne is p, rrding for. being taken up on record and assigning CC number.

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..--.-.-.-

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1 . I'he aforesaid submission rnade by learned Government pleader lor Ilorne is taken on recold.

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In view ol the aloresaid submissions. and since, it is nou. statecl that the petitionel her.ein is anayed as accuscd No.2 in Cr.No.334/2025 datcd 08-06-2025 and is stated to be absconding, this Coun is of the vierv that the respondent authorities are 1o be directed to secure the presence ol the pctitione. i, the afb.esaid crime and after cor-rducting investigation there into, are directed to file supplementary charge sheet in arr cxpeditious nlanner.

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Subject to above observation and dir.ection, the Writ petition is

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disposed of. No costs.

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Consequently, miscellaneous petitions, if any, pending shall stand closed.

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SD/.A. JAYAS TANT RE //TRUE COPY' I ECTION OFFICER ,) 1. The Principal Secretary, Home Department, Secr n ,^Hyderabad, State of Telangana.

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The Commissioner of Police, Rachakonda Police Commissionerate, Malkajglri,Telangana - 500056.

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The Station House Officer, Adibatla Police Station, Adibafla, Telangana - 50151

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One CC to SRI M.KESHAV YADAV, Advocate [OPUC]

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Two CCs to GP FOR HOtr/E, High Court for the State of Telangana at / Hyderabad [OUT]

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Two CD Copies

BSR A- BS

HIGH COURT

DATED:1810712025

ORDER

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WP.No.20766 of 2025

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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Gantenapalli Babu Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gantenapalli Babu Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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