Md Tharuk Alia@ Md. Tarooq Vs The State of Telangana

¶1

[³²⁵⁵ ]

¶2

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

¶3

FRIDAY,THE NINETEENTH DAY OF^SEPTETT4BER TWO THOUSAND AND TWENTY^FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

¶6

WRIT PETITION NO: 28396 OF 2025

¶7

Between:

¶8

Md Tharuk Alias @^{Md. Tarooq,S/o tv1d.Ghouse Aged about 59 years,occ:} Footwear Businesi, r/o H.No.^{2-'10-33,Sha Bazar Mahabubnagar Townand} Drstrict.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, rep by its^{Principal Secretary, HomeDepartment,} Secretariat, Hyderabad.

¶12

2 The Superintendent of^{Polrce,I.4ahabubnagarDistrict}

¶13

J The Station House Officer^{l-TownPolice Station, Mahabubnagar}

¶14

4 Md. Avub, S/o Late Abdul^{Wahab,aged 64 years, occ Business,r/o H.No'} 1-4-72'Fony Houses, Rajendra^{Nagar,I,'lahabubnagarTown and District}

¶15

...RESPONDENTS

¶16

Petition under Atticle^{226 of the Constitutionof lndiapraying thatin the} circumstances stated in the^{affidavitfiledtherewith,the High Courtmaybe} pleased to issue an appropriate Writ, Order declaring the^{inaction of the} respondent No.3 in taking^{action against the unofficial respondentand his} associates, inspite of the^{endorsement of the 2nd respondent on the complaint dt.} 4-g-2O25 as being illegal,^{arbitrary,unlustandun constitutionaland consequently} direct the respondent^{No.3 hereinto act upon the above complaint and take} action against the unofficial^{respondentas per Law}

¶17

lA NO:^'f OF 2025

¶18

Petition under Section¹⁵¹ CPC^{prayingthat in the circumstances statedin} the affidavit filed in^{supportof the petition, the High Court may be pleased to}

¶19

direct the respondent No.3 herein to forthwith registe. the F lR against the unofficial respondent and his associatess, pursuant to the iromplaint dt. 4-9-2025, pending disposal of the main Writ Petition in the interest of ustice

¶20

Counsel for the Petitioner: SRI MOHD.NAYEEMUDDIN

¶21

Counsel for the Respondent No. 1 to 3: AGP FOR HOME

¶22

Counsel for the Respondent No.4: ----

¶23

The Court made the following: ORDER

¶24

.--t{:_Fs?,.- .,9-w

¶25

THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

¶26

Writ Petition No.28396 of 2o25

¶27

This writ petition is filed seeking the following prayer:

¶28

"...inaction of the respondent No.3 in taking action against the unofJicial respondent and his associates inspite of the endorsement of the 2nd respondent on the complaint dt.O4.09.2025 os and being illegal, arbitrary, unjust unconstitutional and consequentlg direct the respondent No.3 herein to act upon the aboue complaint and take action against the unofficial respondent as per Law..."

¶29

Heard leanted counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3. With their consent, this writ petition is taken up for disposal. Notice to respondent No.4 is dispensed with.

¶30

The facts of the case in brief are that petitioner is running a footwear shop in D.No.2-10-33 and 34/1 at Pan Chowrasta of Sha Bazar, Mahabubnagar District for the past 4O years by paying a nomina_l rent to the father of respondent No.4. It is submitted that respondent No.4,

¶31

2

¶32

knou,ing aI1 the facts started harassing the petitioner to vacate the premises without having ar-Ly ri.3ht and that petitioner is unable to do his day-by-dar. b _rsiness. It is further subm:ltted that respondent No.4 is sitiing infront of petitioner's slrop along with his associates ancl not allowing the customers to enter into the business. in [har regard, petitioner instituted a suit in O.S.No.2r> L l2a)25 for perpetual injunction on the file of Special JIrIC for Trial of Cases under PCR Act - cum - I Addl. Junror 3rvrl Judge, Mahabubnagar and the suit is pending for acljudic;rtion. It is further submitted that on 02.Og.2O2S, respondent No.4 along with his associates entered petitioner,s; shop and beat him indiscriminately and damaged r he, ftrrniture. Accordinglv. petitionerd lodged written cornplaint on 02.09 .2025 to respondent No.3 police. Thereafter, respondent No.3 received the complaint but lto act.,.on has been taken till date. Petitioner, further ,eppr.oached respondent No.2 arld submitted comp. aint dated 04.09.2025 with regard to illegal acts of respondent No.4 and inaction of respondent No.3. Responden, No.12, after perusal of the complaint, made an endorsement to

:t:.#sv"r,..:n,

-l

I I I

respondent No.3. However, re spondent No.3 did not initiate

¶37

anv actlon.

¶38

The Station House Officer, I Town Gowraram Poiice Station has placed a cop_y of instructions through learned Assistant Government Pleader for Home and vgould submit that petitioner made a complaint on O2.O9.2025 to respondent No.3 Police with regard to illegal acts of respondent No.4. Based on the said complaint, respondent No.3 made a GD entry on 02.09.2025 at 21.00 hours. It is further submitted that petitioner has given similar complaint to respondent No.2 on 04.O9.2025. Thereafter, respondent No.3, after conducting preliminary enquiry registered FIR No.28 1/2O25 under Sections 118(1), 115(1), 324(41, 352, 351(21 read with Section 3(5) of BNS on 17 .O9.2025 against respondent No.4 and others and entrusted investigation to SI of Police. As such, the allegation that respondent No.3 has not taken any action against the petitioner's complaint is fa,ise and baseless and a copy of FIR No.281/2O25 dated 17.09.2025 has also been annexed with instructions and has a-lso been served to the learned counsel for the petitioner.

¶39

1

¶40

I I

¶41

In that vieu, of the matter, since FIR \c.281l2O2S dated 17.09.2O25 has a-lready been register-t.ri aga.nst the accused persons, this writ petition is dispos;c:i of rvith a drrection to respondent authorities to follow cl -r:: prtcedure as contemplated under larv for further course r,f action.

¶42

Miscella-rteous petitions, pending, if al.r, shall stald

¶43

closed. Hou'ever, there sha1l be no order as to costs.

¶44

Sd/-S,M ASS

¶45

//TRUE COPY//

¶46