V. Prabhakar Vs The state of Telangana

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, particularly in the nature. of a Writ of Mandamus, declaring the inaction of the respondents^{in not} conducting a proper investigation and failing to file the^{final report/chargesheet in} Crrme No. l63 of 2025, dated 01-08-2025, of P.S. Kulsumpura,^{Hyderabad,and} falsely arraying the petitioners as accused, as illegal, arbitrary,^{and unjustand} direct the 3rd respondent to forthwith complete the^{investigation, entrust it to any} other competent officer other than Sub-lnspector^{G. Naveen Kumar,and ensure} that the final report/cha rge sheet is filedⁱⁿ the concerned^{court withoutfurther} delay and^pass any other order(s) or^grant

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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 filed in support of the^petition, the^{High Courtmay be pleasedto} pass orders drrecting the 3rd Respondent herein to forthwith complete^the investigation in Crime No. 163 of^2025. dated 01-08-2025, of^{P.S. Kulsumpura,} Hyderabad, by filing the^finalreport or chargesheet under the^approprtate

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provisions of law, and also in^pursuance of crime^{No. 16:l (i 2025, dated 01-08-} 2025, of Kanchanbagh Police Station,^{Hyderabad,T.S.,pe rdingdisposalof the} main writ Petition and to restrain the Respondents^{from su r rnoning or harassing} the Petitioners without any^{valid reason until the filing of th. ;hargesheet.} Counsel for the Petitioner: SRl.^{MOHAMMED ZAKI}

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Counsel for the Respondents:^{AGP FOR HOME}

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The Court made the following:^ORDER

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(

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THE HON'BLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

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Writ Petiti^on No.25935^of2025

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This r.vrit petition^is iiled^{seckir-rgthc follor'ving praver:}

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". ..declaring^{lhe inactiorr of the resportclents} tn not conductinq a^{proper inueshqation a'n d} failing^to Jtle^{the frnol report/ charglesheet in} Cnme No.163 of^{2025 dated 01 OB'2025of} P. S. Ku Lsumpur a,^{H y d e r ct b atl ct rr d} fal^{s el g ct r ra gi ng} the petitioners as^{accus^ ed as illeqal, arltttrarg} and unjust arLd^{direct respondent1{o'3 to} forthutith^{complete the inuestiqatior\enttustit to} ana other competent^{officer other thanStt b-} Inspector C.Naueen^{Kuntar ottd ensurethat the} finat^{report/ charge sheet is filed in the concerned} Court uithout further^{delau und pass anty other} orders or grant.^{. .} "

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Heard learnecl^{counsel [or the petitionerand} learned Assistant^{GovernmentPleaclcr for Home alppearing} on behalf of^{respondent Nos.l to 3. With their cor-rsent, this} rvrit petition is taken up^{for disposal.}

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The facts of the^{case rn brief are that the Police} P.S.Kulsumpura^{sLrmm()ned tl-re} Petitioners^{ar-rd inqttired} rvhether they have^{atterldecl an-y mzrrrietge [r'ttrctionor} \ \

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marriage procession on 31.O7 .2025 at Jiya: ,rda. As the petitioners have not attended any marriage fr r <:tion on the said date, they have denied the same. :rwevcr. the respo nden t / Police stated that thev had regli: r:recl I'-[R in Cr-No. I 63 12025 ancl had mentioned their n r rres alleging that they had danced with swords during t.,c rn.rrriage ccremony, subsequently, the respondent^/ ' r licc issued noticc unrlcr Section 35 of BNSS stating tlr t petrtiorrers presence bc secured whenever required. It : thc r--asc of the petitioners that responder-rt/ Police neil l r r cond ncted an/ proper cnquir_y regarding the alleged < r rrmrssion of offcncc nor secured the petitioners' presen,' ' to ascertain the facts. Fr-rrther, the resporrdent/ Police has rot discloscd the larct that in u,hose marriage, the petiti,r rers' danced rt,ith swolcls. Questioning the same, thr' )rescl)t rvrit petition is filcd

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The Sub-lnspector of Police, I(ulsL rrpura Police Station has placed a copy of instructions tlr^{- r,'tg11} lc'arreed Assistant^(]overnment Pleader for Home stl iltg thitt thc Assistalt Sr,rb Inspector of Police, PS [(ulsr r npura along q'itl'r tu,o ot her Constables ri hile performing; r ight dr.rtv on

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la/

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31.O7.2025 at about 22.30 hours noticed that a marriage procession was performing near Gopi Hotel and saw t'"vo persons playing u.ith sq'ords. When tl-re-r, tried to catcl-r them, the_y escaped. Basccl ol-l tl'rc szrid incident, respondent No.3/Police registered FtR in Cr.No. 163/2O25 under Sections 25(1 B)(b) of Arms Act on 01 .O8.2025 against the petitioners. The respondent/ Police conclucted further investigation and notices r,rncler Section 35(3) oi BNSS rvere issued. It is also sr-rbnritted that petitit-rncrs were earlier involved in feu, crimes. [t is further submittecl that the matter is under investigation for somc more: witnesses and collection of evidence and CC'IC Footages.

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In that vieu, of tl're matter, since tl-tc respondent/ Police have alreadv registcred FIR in Cr.No.163/2O25 and that the petitioners are not cooperating with the enquiry and that the matter is undcr investigation, the respondent/ Police is directed to lile charge sheet as expeditiously as possible. Needless to state that petitioner shall cooperate with the enquiry

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With tl-rc above observations, this u rr petition IS

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disposccl of

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NIisr:cllaneotrs petitions, pcnding, if anr sl-rall slarrd

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closcrl. Hou'e vr:r. there shall bc no order as to c r sts

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SD/. T. OSMAN^{ALI BAI G} .4.'l STANT REGISTRA R \ //TRUE COPY' I \ ,SECTION OFFICER

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To, The Principal Secretary^{Home Department' State of Teli ngana' Secretariat} Hvderabad,^T.S.

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1. it"trrrit.itrer of Police, Hyderabad^{Commissiorar rle, HyderaoadTS} 3. fn. Station House Officer,^{Kanchanbagh,Hyderabad-1S'} 4.5 i*" One cc.i" CC to SRI^{-ci MOHAMT,IED} ron^{Houe, High ZAKI Court Advocate for the [OPUoStatec 'Telangana [oUT]} 6 Two CD Copies

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