Mr.Sadan Rupesh Vs The State of Telangana

The Station House oJficer/rnsfector 6f police,' pahadishareef, police Station, Rachakonda Police Commissibnerate. panadisnareef, R;;g;r",i,t-Di#;i, Telangana.

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Mr.K.Madhusg{t1an, S{o. Not known, Aged About. not known, Occ. 1st lO in crime No. 7712024 and Sub-rnspector o"f porice, par,iaisnJreei F"til i^{- ' '} Station, C/o. Pahadishareef, poiice Station, Raihakonda polics

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^^{Commissionerate, pahadishareef, RangareddtDGtricl;leringina.}

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^^{Commissionerate, pahadishareef, RangareddtDGtricl;leringina.} 8 l/r.B.Dayakar Reddy, s/o. Not known, Aged A'bout. noi t<nownlbcc. 2nd ro in Crime No. 7712024 and Sub-lnspectoiot"police, pahadishareef, poli;^-- Station, C/o. Pahadishareef,^poiice Station, Rachakonda potici^{- --} Commissionerate, Pahadishareef, Ranoareddv District. Telanoana.

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Koralla Krishna Reddy, S/o. Late Malla-Reddy Aqed aOoui--Oivears. O"" Business. R/o. Kokaoet Vr.il.a.ge. Gandipet Mahdal, Randreddi D[[i"i TG. Mobite No. e6183i2b56 tAriitrrme rub.iiiioiit

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Mada V^ishnu Teja Re{dy @ Teja Reddy, s/o. Mdda prabhakar Reddv. Aoed 1bout.^{30.years, Occ. B^usiness,Ri./o.KokapetVillage, Gandipet} Mancidl,^" Fg I^{g gre39v.} Pistrict,^{TG.N/o. B i ma ram ViI iase a nd" tila nOai,} Ivlini[eriii' District, TG (A2 in Crime No.7712O24)

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...RESPONDENTS

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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 a writ of Mandamus or any other appropriate writ, order or

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Direction more particularly one in the nature of wRlr oF MANDAMUS, to declare the in action of the respondents herein, particularly 3rd respondent to 6th respondents, despite registered the crime No.77t2o24, dated.ol.o2.2o24, and till today, respondents herein neither arrested the Accused Al and 42 in the crime, nor respondents herein added U/Sec.307, 120-8, 322, 325,503 of lpC, apart from U/sec. 447, 427,324, rlw 34 of rpc in the FrR No. T7tzo24, dated.07.o2.2o24 against the Al and A2, though the victims got sustained the grievous injuries and victim produced the medical certificate, as grievous injuries, but, lo in crime No.7712024, deliberately, intentionally by colluded with the Accused and meltdown the offense and fired a faceless charge-Sheet, without there being any valid reasons, and same has been illegal, arbitrary, unjust, and its nothing but misuse of their official powers incruding collusion and also pecuniary advantage by abusing their positions as public servants, and also violation of Articles 14, 19, and 21 of the constitution of rndia, and consequenfly direct the respondents herein, particularly 3rd respondent to 6th respondents, forthwith arrest the accused Al 85 42 in crime No.7z l2o24 and conduct further investigation U/sec..l73(B) of cr.p.c., by filing the supprementary charge-sheet with punishabre U/sec.307, 120-8, a2z, 325' 503 of rPC in crime No. 17t2024, dated.07.02.2024, pursuant to the petitioner detailed representation, dated. 31 .12.2024 including medical certificates of victims.

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lA NO: 1 oF 2025

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue the directions to the respondents herein, particularly 3rd respondent to 6th respondents, forthwith conduct further investigation U/Sec.173(g) of cr.p.c., pursuant to the petitioner detailed representation, dated. 31 .12_2024 including medical certificates of victims by filing supplementary charge-sheet and add 86 include U/Sec.3O7. 120-8,322,325,503 of lpC in Crime No.7tt2O24, dated.o7.02.2024, pending disposal of the main writ pefltion, in the interest of justice.

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petition under section 151 cPC^praying that in the circumstances statedⁱⁿ the affidavit^{filed in supportof the petition, the High Court may be pleasedto issue} the directions^{to the respondentsherein,particularly3rd respondentto 6th} respondents,^{forthwith arrest the Accused A1 & A2 in Crime No.7712024, daled.} 07.02.2024,^{i.e., 9th and 1othunofficial respondents, pending disposalof the main} Writ Petition,^{in the interestof justice'}

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Counsel^{for the Petitioner:SRI CHANDRASEKHAR REDDY GOPIREDDY} Counsel^{forthe Respondent Nos'1 TO 6: AGP FOR HOME} Counsel^{forthe Respondent Nos'7 TO 10: --}

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The Court^{made the following: ORDER}

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THE HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2522 OF 2025

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ORDER:

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This writ^petition is filed seeking^following relief:

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"... to issue a writ in the nature of a writ of mandamus or any other appropriate writ direction order or orders decla:-ing the action of the respondents herein, particularly respondent Nos.3 to 6, despite registered a case in Crime No. 77 12024, dated:O7.O2.2O24, and, till today, respondent Nos.3 to 6 herein neither arrested accused Nos.l and 2 in the crime. nor respondents herein added Sections 3O7,l2OB, 322, 325 and 503 of IPC, apart from Sections 447, 427 and 324 rlw 34 of IPC in FIR No.77l2O24, dated: 07.O2.2O24 against accused Nos.l and 2 as illegal ald^also violation of Articles i4, 19, & 21 of the Constitution of India, and consequently^{directrespondentNos.3} to^{6 to} arrest the accused Nos.l and 2 in Crime^No.77 /2024 and conduct further investigation under Section 173(8) of Cr.P.C., by filing lhe supplementary charge-sheet with the ollences punishable under Sections 3O7, l2O-8,322,325 and 503 of IPC in Crime No.⁷⁷ /2024,^{dated. O7.O2.2O24,pursuant} to the petitioner detailed representation dated 31.12.2024 or to pass ...'

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The case of the petitioner is ttrat he lodged a complaint against accused Nos. 1 and 2/respondent Nos.7 and 8 alleging that they have made an attempt on his life. Basing on the said complaint, police have registered a case in Crime No.77 of 2024, dated 07 .O2.2024 on the file of the Pahadishareef Police Station, for the offences under Sections 447, 427 arrd 324 read with Section 34 of the Indian Penal Code, 1860 (IPC). Even though -the allegations levelled against the accused are cognizable offences, jlCpetitioner has sustained grievous injuries and the

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accused^{attempted on his life, the police} without registering the crime^{for the offence} under Section 3O7 of IPC, simply registered^{a case only for} the offences under Sections 442,422 ar-d 324^read with^Section 34 of IPC by colluding with the accused.^However, as a counter blast, when the accused also lodged a^complaint against the petitioner and others, police have registered^a case in Crime No.76 of 2024 for the offences under^Sections 3O7,¹⁴⁷ and 148 read with Section 149 of IpC.

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It is the further case of the petitioner that during medical examination, it^{rvasdisclosed} that the petitioner has sustained grievous injuries all over his body arld to that effect medical report was issued. Therefore, the accused are liable for prosecution for the offence under Section 307 of IpC. Instead of filing the charge sheet for the said offence, police have filed charge sheet^{for the} offences under Sections 447, 422 arrd,324 read with Section 34 of IPC. Therefore, the petitioner was constrained to submit a representation dated 31.12.2024 duly enclosing all the^relevant documents to respondent Nos.3 to 6 requesting them to conduct further investigation and frle supplementary charge sheet and also to arrest the accused in Crime No.77 of 2024.

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4 The grievance of the petitioner is that respondent Nos.3 to 6 did not act upon the representation dated 31.12.2024 submitted by the petitioner. Aggrieved by the said rnaction of respondent Nos.3 to 6, the petitioner filed the present writ petition.

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Learned Assistant Government pleader for Home, on instructions, would submit that acting upon the complaint submitted by the petitioner, after conducting preliminary enquiry, police authorities have righfly registered the case against the accused in Crime No.77 of 2024 for the offences under Section s 447 , 422 a\d, 324 read with Section 34 of IpC. It is further stated that as the investigation also does not revear that the commission of offence under Section 3OZ oflpC, the police authorities have filed charge sheet/final report for the aforesaid offences. It is further stated that the accused have cooperated with the investigation and they are very much present in the very same locality, and therefore, police have not take any steps to arrest accused Nos.1 and 2.

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In the light of the same, this Court withott expressing any opinion on the allegations made in the,representation dated O1.12.2024, deems it appropriate to dispose of the Writ petition

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directing respondent Nos.3 to 6 to examine the representation dated 31.12.2024 submitted by the petitioner duly taking into consideration of the material and pass appropriate orders, in accordalce with lau'.

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With the aforcsaiC observations, this V/rit Petition is disposed of.

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As a seqL:-,i, tl'-.: rnisceilarieo L:s pctitions peuding, if auy,

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shall stanri closed. No order ag to costs.

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SD/-MOHD.ISMAIL ASSISTANT REGIS TRAR

//TRUE COPY'

To

CTION OFFICER

The Principal Secretary to Government, Home Department, Govemment of Telangana, Dr. B. R.Ambedka r, Teta ngana seCretiiit, nvaeriUio _ sborizl, TG.

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The Director General of police, State of Telangana, Lakidikapul, Hyderabad, TG.

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The Commissioner of Police, Rachakonda police Commissionerate,

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.^{Neredmet, Beside MedchatCo-urt,} Medchat_M;lkajgiri OistiiJt, iC.-'

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1. The Defuty Commissionelof police, Mahesnwariir Zone, RicfrikonOa Police Commissionerate, Rangareddy Oistrict, fe .

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The Assistant commissioner oJ policir, Maheshwaram Division, Rachakonda Police Commissionerate, Ranqareddv District_ TG

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The station House officer/lnsflector of police,' pahadishareef, police station. Rachakonda Police Commissionerate. patraoishareei, R;r,#;.idi-Di#i;i, " Telangana.

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