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

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

What the court decided

AI extract

Outcome

Writ petition closed (disposed of without costs); petitioners granted liberty to avail the remedies as available under law, if aggrieved; miscellaneous applications, if any, stand closed; no order as to costs.

Issue for consideration

Whether the action of the respondents in registering FIR No. 855 of 2023 dated 11th August at Narsingi Police Station, Hyderabad, against the petitioners for the alleged offences under Sections 324, 504 and 506 read with 34 of the IPC was illegal, unlawful and unconstitutional, warranting quashing/set aside of the FIR and all consequential proceedings including investigation and trial. +1 more

Ratio / Principle

Recording the submission of the learned Assistant Government Pleader for Home that during pendency of the writ petition the charge sheet has been filed and the case is pending as C.C.No.713 of 2025 before the XIII Additional Judicial Magistrate of First Class, Rajendranagar, the cause in the writ petition does not survive; accordingly the writ petition is closed, with liberty to the petitioners to avail the remedies as available under law if aggrieved, and with no order as to costs.

Key takeaways

Miscellaneous applications, if any pending, shall stand closed.ratio¶40

Detailed headnote1 paragraphs

Writ Petition (W.P.No.25326 of 2023, High Court for the State of Telangana at Hyderabad, J. Sreenivas Rao, J., 12.09.2025) filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash FIR No. 855 of 2023 dated 11th August 2023 of Narsingi Police Station, Cyberabad, registered against the petitioners for offences under Sections 324, 504 and 506 read with 34 of the IPC. On the date of hearing there was no representation for the petitioners. The learned Assistant Government Pleader for Home (B. Sridhar Reddy) submitted that during pendency of the writ petition the Investigating Officer filed the charge sheet before the learned XIII Additional Judicial Magistrate of First Class, Rajendranagar, which was numbered as C.C.No.713 of 2025 and is pending. Recording the submission, the Court held the cause in the writ petition did not survive, closed the writ petition, granted the petitioners liberty to avail available remedies if aggrieved, directed that miscellaneous applications if any stand closed, and made no order as to costs. Merits of the quashing prayer were not adjudicated.

r:" t

[³³⁰³ ]

IN THE HIGH COURT FOR^{THE STATE OF TELANGANA AT HYDERABAD}

(SPecial Original Jurisdiction)

FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS^RAO

WR lT PETITION NO: 25326 OF²⁰²³

Between:

1 Ashok Kumar Kamshatti, S/o Late K^{AnjaiahAged about57 years,} Occupation. Business, residing at.^{Villa No.3, Zresta Villas,Kokapet'} Hvderabad - 500075

2 Raiitha Kamshatti. Wo K. Ashok^{Kumar Aged about 50 years. Occupation} Medical Practitioner Both residing at.^{Villi No. 3, Zresta Villas,Kokapet,} Hvderabad - 500075

...pETlroNERS

AND

State of Telangana, Represented by^{its Principal Secretary,Home} Department, Secretariat, Hyderabad

2 Stdtion House Officer, Nardingi^{Police Station, 99M2 plus QR5, Gandipet,} Narsingi, Telangana 500075

.) tttlrs. Gindamal-la Nirmala, Wo., Gandamalla^{BabuRao, Aged about48} years, Occupation. Labourer, R/o., H.No. 2-2-1 1OG|B, Bathukammakunta, Amberpet, Hyderabad^- 500 013

...RES'ONDENTS

Petition under Article 226 of lhe^{Constitutionof lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Courtmay be} pleased to issue a Writ, order or directions in the nature^{of Writ of certiorari/to the} Respondents, declaring the^{action of the Respondents in registeringFirst} lnformation Report, bearing No.^{855 of 2023 dated 11th August lodgedat} Narsingi PS, Hyderabad against^{the Petitioners for the alleged offencesunder} section 324, 504 and 506 R/w. 34^{of the IPC as illegal, untawfuland, therefore,} unconstitutional and consequently,^{quash/set aside the saidFIR as also all} consequential^{proceedings arising therefrom,includinginvestigation and trial,if} any against the Petitioners.

lA NO: 1 OF 2023

Petition under section 151 CPC^{praying that in the circumstances stated} in the affidavit filed in support^{of the petition,the High court maybe pleasedto} dispense with filing of Certified^{copyof FIR No 855 of 2023}

lA NO: 2 OF 2023

Petition under Section 151^{CPC prayingthat inthe:} rcumstances stated in the affidavit filed^{in support of the petition, the High Cour} may be^pleasedto stay all further^{proceedings including detentionof the Pet1} oners in relation^to First lnformation Report,^{bearingNo. 855 of 2023 dated 11} l-r August lodged at Narsingi PS, Hyderabad,^{pending disposalof the instant w'i} petition, while also directing that no coercive^{steps be taken agalnst the F(} trtioners during the pendency of the instant Writ Petition,^{thereby injuncting the} R.espondents, their officials. agents and representatives^{from obstructing/ har:tr} sing the Petitioners in any manner whatsoever

Counsel for the Petitioners:^{SRl. ALTAF FATHIMA}

Counsel for the Respondent^{Nos.1 & 2: GP FOR HOME}

Counsel for the ResPondent^No.3:

The Court made the following:^ORDER

THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO

WRIT PETITION No.25326 of 2o23

\

\

ORDER:

This Writ Petition has becn filccl by thc petitioners / accu sed seeking to quash the proceeclings in F.l.R. No.855 of 2023 of Narsingi Police Station, Cyberabad, registered for the oflences punishable under Sections 324, 50.1 and 506 rcad wrth 34 o[ rhc IPC.

No representation on behalf of the petitioners, either physically or virtually.

Mr. B. Sridhar Recldy, Iczrrncd Assistant GovernmenL Pleader for Home appearing for rcspondent Nos. 1 and 2, submitted that during pendency of the writ petition, the Investigating Officer after conducting investigation lllcd thc charcc sheet belore thc learned XIII Additional Judicial Magistratc o1- t,-irst Class, Rajendranagar, and the same was numbered as C.C.No.713 ol 2025 and the said case is pending. By virtue of the same, the cause in the writ petition does not survive for consideration.

Recording the above said submission, the writ petition is closed. However, the petitioners are granted libergr to avail the remedies as available under lan,, if so the,y are aggrieved. No order as to costs.

I

rl li l!

I I

1

Miscellaneous applications, pending if an1,, shall stan<1 closed SD/-M. NAGAMANI ASSI t NT REGISTRAR

-/-

//TRUE COPY//

s C\ ION OFFICER

To,

'1 . State of Telangana, Represented by its Principal Secret I y Home Department Secretariat, Hyderabad

2 Station House Officer, Narsingi Police Station,99M2^{plus ()R5,} Gandipet, Na rsing i, Telangana 500075

3 One CC to SRl. ALTAF FATHIMA Advocate [OPUC]

Two CCs to GP FOR HOtVlE, High Court for the State of Ielangana [OUT] 5 Two CD Copies

CHR

I]S

ei+

I

l1

i l' I I I I I i I i

HIGH COURT

DATED:1210912025

ORDER

W.P.No.25326 of 2023

:::=t*<br>t nE S Ia76.
R
()o
2 [i1lil?
* t
L rr-O

DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

w,1 p{ ,\,b