Vundavalli Ashok Kumar Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Vundavalli Ashok Kumar Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition closed without adjudication on merits; petitioner granted liberty to avail available legal remedies, if aggrieved, raising all grounds pleaded in the writ petition; no order as to costs; pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether FIR No.43 of 2022 dated 06.05.2022 on the file of P.S. Madhapur, Hyderabad, for offences under Section 354-D IPC and Section 66-C of the Information Technology Act, is illegal and without jurisdiction and liable to be set aside by way of a Writ of Certiorari. +1 more

Court's answer

In view of the submission that the Investigating Officer has filed a final report and the Magistrate has taken cognizance (C.C.No.1703 of 2024 pending), the cause in the writ petition does not survive for adjudication.

Ratio / Principle

The writ petition is closed; however, the petitioner is granted liberty to avail the remedies available under law, if aggrieved, by raising all the grounds pleaded in the present writ petition.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (J. Sreenivas Rao, J.; decided 06-10-2025) — Writ Petition No.23708 of 2022: Petition under Article 226 seeking a Writ of Certiorari to call for the records and set aside FIR No.43 of 2022, dated 06.05.2022, of P.S. Madhapur, Hyderabad (offences under Section 354-D of the Indian Penal Code, 1860 and Section 66-C of the Information Technology Act, 2000-2008) as illegal and without jurisdiction, with a consequential direction to respondent Nos.3 and 4 to return the petitioner's laptop, I-Phone and Hard Disk taken by respondent No.4 (allegedly without panchanama, as raised in I.A.No.3 of 2022). By interim order dated 19.05.2022 the Court had directed respondent Nos.1 to 4 not to take coercive steps. During pendency, the Investigating Officer filed a final report; the learned IX Additional Judicial First Class Magistrate, Kukatpally took cognizance and the case was numbered C.C.No.1703 of 2024, pending consideration. Held: in view of the final report and cognizance, the cause in the writ petition does not survive for adjudication; the writ petition is closed with liberty to the petitioner to avail remedies available under law by raising all grounds pleaded therein; no order as to costs; pending miscellaneous applications, if any, stand closed. No precedent was cited or discussed.

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

MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE^{J. SREENIVASRAO}

WRIT PETITION NO: 23708 OF 2022

Between:

Vundavalli Ashok Kumar, S/o Satyanarayana, lndian,^{Aged 32 years, R/o.303,Sri} Sai Nandanam, Road No.12, Palchavati^{Colony, Manikonda, Hyderabad} -^500089.

.....PETITIONER

AND

State of Telangana, Rep. by its Principal^{Secretary Home Department} Secretariat, Hyderabad - 500 022.

Commissioner of Police, Cyberabad,^Hyderabad.

Station House Officer, PS Madhapur,^{Cyberabad, Hyderabad.}

K.Rajendra, Sub-tnspector of Police, PS^{Madhapur, Cyberabad, Hyderabad.}

Smt.Addala Venkatalakshmi Naga^{Sudha, Wo A.S.V. Sasidhar, Aged_3!_} years, R/o Simhadri Reside ncy,-tf2, Sth Floor, Mad havadhara,^BehindRTO Office, Vishakapatnam, Andhra Pradesh.

.....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 an appropriate Writ, order or direction more^{particularly one in the} nature of Writ of Certiorari by calling for the records^{relating to FIR No.43112O22} dated OO\OS\2O22 for the offence U/s. 354-D of^{lPC, 66-C IPA-2000-2008on the} file of PS, Madhapur, Hyderabad and set aside^{the same as illegalwithout} jurisdiction and consequentially direct the 3rd and 4th Respondents to return the Laptop, l-Phone and Hard Disk which were^{taken by 4th Respondent to the} Petitioner.

|.A.NO:2 OF 2t122

petition Under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit fitr:d^{in support of the petition, the High Court may be pleased to stay} all further^{proc;eedingsin FIR No.43112022 dated 06-05-2022 for the offence U/s.} 354-D of lPC,^{66-C IPA-2000-2OOB on the file of PS, Madhapur, Hyderabad.}

l.A.NO:3 OF 2022

petition Under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit fi|:dⁱⁿ support^{of the petition,the High Courtmay be pleased to direct} the 2nd Respqndent to^{causean inquiryagainst the 4th Respondent for taking the} Laptop, l-Phorre and Hard^{Disk of the Petitionerwithout any panchanama.}

Counsel for the Petitioner^: SRI^{K.DURGA PRASAD}

Counsel for the Respondent^{Nos.1 to 3 : SRI B.SRIDHAR, AGP FOR HOME} Counset for the Respondent^{Nos.4 & 5 :} -

The Court made the following^ORDER

TTIE HON'BLE SRI JUSTICE J. SREENIVAS RAO

WRIT PETITION No.23708 of 2022

ORDER:

This Writ Petition has been filed to issue a Writ Order or Direction more particularly one in the nature of Writ of Certiorari by calling for the records relating to FIR No.43 | of 2022,^dated 06.05.2022 for the offences under Section 354-D of the Indian Penal Code, 1860 and Section 66-C of the lnformation Technology Act, 2000-2008 on the file of P.S.Madhapur, Hyderabad and^set aside the same as illegal without^jurisdiction and consequentially direct respondent Nos.3 and 4 to return the laptop, I-Phone^and Hard Disk which were taken by respondent No.4 to the^petitioner.

Upon perusal of the record, it reveals that this Court^on 19.05.2022, while ordering notice before admission directed respondent Nos.l to 4 not to take any coercive steps against^the petitioner

Heard Mr.K.Durga Prasad, learned counsel for the^petitioner and Mr.B.Sridhar, learned Assistant Government^{Pleader for Home} appearing for respondent Nos.l to 3.

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l,earned Assistant Government Pleader for Home submitted that during the pendency of this writ petition, the Investigating officer after conducting investigation filed final report before the learned IX Additional Judicial First Class Magistrate, Kukatpally The said court took cognizance and the ease-was numbered as C.C.Nc. 1703 of 2024, and the same is pending consideration.

In view of the said submission, the cause in this writ petition does nc,t survive for adjudication.

ltccordingly, the writ petition is closed. However, the petitiorer is granted liberty to avail the remedies as available under law, if so he is aggrieved, by raising all the grounds which are pleadecl in the present writ petition. There shall be no order as to costs

I'ending miscellaneous applications, if &try, shall stand

closed

K.BHAVANI SWAMY REGISTRAR

/,TRUE COPY"

SECTION OFFICER

To 1. The Principal Secretary,^{Home Department} Hyderabad -50OO22.

State of Telangana at

The Cc,mmissioner of Police, Cyberabad, Hyderabad. 3. The St:rtion House^Officer,P S Madhapur, Cyberabad, Hyderabad. 4. Two C()s to^{GP FOR HOME} ,^{High Court for the Stateof Telanganaat} Hyderabad. [OUT]

Ohe Ctl to^{SRI K.DURGA PRASAD, Advocate} [OPUC]

Two Cl) CoPies SA N-r PSK

{

HIGH COURT

DATED:06/1 012025

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ORDER

WP.No.2.3708 of 2022

CLOSING THE W.P

WITHOUT COSTS.

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