Sande Venkatramulu, Vs The State of Telengana. — Writ and Judicial Review | Telangana HC (2025)

Sande Venkatramulu, Vs The State of Telengana. — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage (with consent of counsel) directing the respondent authorities to complete the pending investigation in FIR No.776 of 2024 following due procedure as contemplated under law and file an appropriate report as expeditiously as possible before the concerned court; no declaration on merits; miscellaneous applications, if any pending, shall stand closed; no order as to costs.

Issue for consideration

Whether the action of Respondent No.7 in not completing investigation, not taking action against the accused persons, and not filing the charge sheet in Crime No.776 of 2024 despite registering the FIR on 12.12.2024, is illegal, arbitrary and violative of Article 21, warranting a writ of mandamus and a consequential direction to change the investigating officer and file the charge sheet.

Court's answer

Having considered the facts and circumstances, and without expressing any opinion on the merits of the case, the Court disposed of the writ petition directing the respondent authorities to complete the pending investigation in FIR No.776 of 2024 by following the due procedure contemplated under law and to file an appropriate report as expeditiously as possible before the concerned court.

Detailed headnote1 paragraphs

High Court for the State of Telangana (N.V. Shravan Kumar, J.) disposed of W.P. No.28079 of 2025 at the admission stage, with consent of counsel, filed by Sande Venkatramulu, Director of Srinidhi Mutually Aided Cooperative Society (Mettugadda Branch), seeking a mandamus against the SHO, Mahabubnagar Rural (Respondent No.7) for not completing investigation and not filing a charge sheet in Crime (FIR) No.776 of 2024, registered on 12.12.2024 under s.319(4) r/w 3(5) BNS pursuant to the petitioner's complaint dated 30.11.2024 alleging misappropriation of society funds by Dega Anjaiahulu and others (19 accused persons); violation of Article 21 was pleaded, along with a request to change the investigating officer and direct filing of the charge sheet (I.A. No.1 of 2025 under s.151 CPC sought production of the Case Diary). The State (AGP for Home) reported that investigation was in progress and about 30 transactions submitted by the petitioner were to be analysed against the bank statements of the accused. Without expressing any opinion on the merits, the Court directed the respondents to complete the pending investigation following due procedure and file an appropriate report as expeditiously as possible before the concerned court; miscellaneous applications were closed and no costs were ordered.

[3255 ]

IN THE HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 28079 OF 2025

Between:

Sande Venkatramulu, S/o. Sande Surender, Aged about 40 years, Occ. Director Srinidhi Mutually, and Credit Society Ltd, F/o. H No.8-6-246, Padmavathi Colony,MahabubnagarTown and District.

...PETITIONER

AND

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

2

The Director General of Police (DGP), Telangana State, Hyderabad.

J The lnspector General of Police (lG), Ir/ultizone-ll, Hydeiabad, O/o. DGP Office, Hyderabad.

4 The Deputy lnspector General of Police (DlG), Jogulamba Zone, Mahabubnagar.

5 The Superintendant of Police (SP), Mahabubnagar, Mahabubnagar, District.

6 The Deputy Superintendant of Police (DSP), Mahabubnagar, Mahabubnagar, District.

7 The Station House Officer (SHO), Mahabubnagar Rural, Mahabubnagar, District.

...RESPONOENTS

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 order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the action of respondent No-7 in not completing investigation and not taking action against accused^persons and not filing Charge sheet in Crime No.776 of 2O24 despite registering First^{lnformation Report on} 1211212024 as illegal, arbitrary, violative of Article 21 of the Constitution of^lndia

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and Consequently direct the respondent no.2 and 3 to char ge the investigation officer in the crime no.77612O24, d|.12.12.2024 and file the :harge sheet before the concern magistrate

lA NO: 1 OF 2025

Petrtion under Section 151 CPC praying that in the cir: rmstances stated in the affidavit filed in support of the petition, the High Cour: may be pleased to direct the respondent No.7 to produce the CD file (Case Di: y) in relating to the crime No 77612024, dt.12.12.2024 forthwith pending dispos rl of the main writ petition

Counsel for the Petitioner : SRI MOGILI ANAVENI

Counsel for the Respondents: SRI M: SRINIVAS, AGP FOR l- OME

The Court made the following: ORDER

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THIT HONOUI{ABLE SRI IUSTICE N.V.SHRAVAN KUMAR WIIIT PETITION No.28079 of 2025

ORDER

Hcarcl lc.arnecl counscl for thc pctitioner ar-rcl Sri.M.Srinivas, learned Assistant Governmcnt Plearlcr for Home appearing for respondent Nos.1 to 7 With their conselrt, Lhis r.vrit petition is bcing t.rken up for disposal at thc aclmission stage itself .

l'his writ petition has bcen filed seeking the following prayer:-

"to declarc tlu' nction of rtsT;t,ttdetrl No.7 itr trttt conryletutg irruestigntiort ottd rtot trtkirtg tttliotr rtertitst nccttsctl ltcrsons tul not filtrLg^{Clmrge slutt rtt C,rittrc No./76o.[ ?021 LfusltLtert:gisteritry First} lnt'orntntion Rqtort ott 12.72.2024 ns t[[tgol, rrbitrnnl, ttiolntitte of Article 21 o.f tlu,^{(-onsliltttiott} ttl Inlit ttul Lottscryu'tttly direct tle respondetLt tto.2 nnd 3ltt dnttgt llu ittt'tsti2lttLtort ol.'ficcr in tlrc crine no.776/2024 dt 12.12.2024 nnLl .lilc tltt clnrgc slu'et ltcfore the concern nngisLrntc."

Brief facts statecl in this u,rit petitton arc that since last 10^years, petitioner is working as Director in Srinidhi Mutuallv aided Cooperativc Society, Mettugadda Branch. It is fulther-suLrurlted that the prctitioncr^noticecl that sonle of the cn-rployees of tl'rc sairl CoopcraLive Socit'tv,^{hatcheda plan to} grab the public amount, hence, the petitioner on 30.11.2024^{gave a detailed} complaint and requcsted the rcspctrtclent autl.roritics to takc actioll.^Thcreafter, respondent No.7 issued notice datcd^04.12.20?4 directing^{thc pctitionerto} submit evidence about the misappropriation^{of funds and the petitioner on} 06.L2.2024, had submitted the relcvant^{evitlencc.Later, FIR No776of 2024} rvas registercd on 72.72.2027.^{'fhe casc} of the^{pelitioncris tl'rat though the FIR} No.776 of 2024 was registercd, till tlate^{the rcspondent authoritiesfailedto}

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complete in'estigation and fire charge srreet bcfore t re c.mpett,rrt C.urt Aggrieved bv the same, this writ petition is filecl.

Learnc,l Assistant Governrlcnt I)lttacier lor ol.t1c appcarjnrl for. resPo.dent N.s.l kr 7 placed on recorcl instructi..s rs. L eri 1.,,... Sul,_l.spcctor of Police, Mahabubnagar Ilural police statiol.r, Mal aL.rul,r-ragal District, wherein it is statecl that on petitioner,s complaint rr, tcd .10.11 202+, FIR No 776 of 2021 was registered uncler scction 31g (4) reat r ,vith 3(5) BNS datccl 12122024. [t is ]:trrthcr submitted that the petitiont,r alrcrlcd trrat [)cga Anja.cyulu a,cl .thers have misap propria teci thc rr r cis .f thc sri.irrhr Mutually airlcrl C.operative society, hcncc, trre pt'titi.r t r r.,,.rs issrrecl ..ticc datcd 04 12 2014 a^d was dirccted to prorluce tht: rcrt.t rrrt rrocunrcnts. c)r.r 15'02 2025, thc pctitioner hatr submitted Irrc clocLr.rcrris iiscrirsing ab.ut 30 transactions ant'l thc samc have to be analyzccl with thc b.r k st.rtcmcnts ol thc accused persons who are 19 in numbers.

Learncd Assistant Govcrrrncnt pleader furthr.r sul.lmits that thc investigation is untter progress ancl once thc sarnc is conr rlt.tcrt, apPropria te rcport would L'e filcd bcfore the jurisdictionar Court rr tiri. a rt..rs..abrr. pcriocl.

Havirrg considered the above facts and circur.rst Lrlcc ahd w,ithout expressing any opinion on the merits of the case, this writ I rtiti()n is disposecl of directing thc respondent authorities to complete the p.r li.g in'cstigatio. in FIR No 77(r of 2e24, by forowing due proccrlure as co.t( r rpratcd u.der ltrw,

J

:z^{and file appropriate report,as cxpeclitiousiy as possible, beforethe concerned} court

With the above directions, this writ Petition 1S disposecl of

\4iscellaneous applications, if an1'^{pentling, shall standclosed. No orderas to}

costs

sdiS GOWRT^SHANKAR S ANT^REGISTRA

//TRUE^COPY//

ECTION^OFFICER

To, 1 . The^{Principal SecretaryHome'Department' TheStateof Telengana'} HYderabad.

The^{Director General of Police (DGP)' TelanganaState' Hyderabad'}

The^{lnspector General of Police (lG)' Multizone-ll'Hyderabad'O/o DGP} Office,^HYderabao'

The^{Deputy lnspector Generalof Police (DlG)'Jogulamba Zone'} Mahabubnagar. Mahabubnagar'^{N/ahabubnagar' District}

The^{Superintendantof Police (SP)'} ce^{(DSP), Mahabubnagar'trilahabubnagar'}

The^{Deputy Superintendant of Poli} District.

Mahabubnagar^{Rural'Mahabubnagar'}

1. The^{Station House Officer (SHO)'} District

One^{CC to SRI' MOGILIANAVENI Advocate[OPUC]}

Two^{CCs to GP FOR HOME 'High Court for the State of Telangana lOUTl}

'l 0. Two CD CoPies

PVL

(d-

PMK

HIGH COURT

DATED:1710912025

ORDER

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WP.No.28079 of 2025

DISPOSING OF THE WRIT PETITION

WITHOUT COSTS

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