Writ petition seeking mandamus to direct police to register an FIR on the petitioners' complaints. The State reported that crime was already registered and final report filed before the Magistrate. The court held the cause did not survive and dismissed the petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13217l
IN THE HIGHCOURT FOR THE STATEOF TELANGANA AT HYDERABAD
(SPecial Original Jurisdiction)
MONDAY,THEEIGHTEENTHDAY OF AUGUST TWO THOUSANDAND TWENTYFIVE
PRESENT
THE HONOURABLESRI JUSTICE N.TUKARAMJI
WRIT PETITION NO:322840F2016
Between:
...PETITIONERS
AND
Petition underArticle226 of the constitutionof lndia prayingthat in the circumstancesstated in the affidavit filedtherewith,the High court may be pleasedtoissueanappropriateWrit,orderorDirection,preferablyinthenature of a Writ ofMandamus'declaring the inaction of the Respondentsin not registering aFIR despite receiving two compliants fromthe Petitionersas illegal, arbitraryandinviolationoftheFundamentalRightsguaranteedunderArticlesl4, lgand2loftheConstitutionoflndiaandalsoinviolationofSectionl54of
Criminal Procedure Code 1973 and consequently direct the Respondents to register the FIR based on the complaintsgiven by the Petitioner
l.A. NO: 1 OF'2016(WPMP. NO: 39933 OF 2016 )
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the complaints given by the Petitioners in accordance v/ith law pending disposal of the Main Writ Petition
Counsel for lhe Petitioners: SRI MOHAMMED HAYALULLAH KHAN, REP. FOR SRI ZEESHAN ADNAN MAHMOOD
Counsel for lhe Respondents: SRI R. LAXMIKANTH REDDY, AGP FOR HOME
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No.32284 0F 2016
ORDER:
This writ Petition is firecl under Arricre 226 of the constitution of rndia seeking the following relief:
".. .Io lssue an appropriate Writ, Order or Direction, prefe rabty in the nature of a 'Writ of Mandamus', declaring the inaction of the Respondents in not registering a FIR clespite receiving two complaints from the petitioners as i egal. arbitrary and in viglation of the Fundamental Righls guaranteed under Arlick:s 14. 1g and 21 of the Constitution o{ lttdia and atso in violalion of Scction 154 of Criminal Procedure Code, 1973 and cotsequen y. direct the respondents to register the FIR basec! on thc complaints given by the . petitioner and pass such o ler order or orders. .
2' I have heard Mr. Mohammed liayaruilah Khan, rearned counser, representing [/rr. Zeeshan Adnan Mahmooci, rearned counser for the petitioners, Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, representing the respondents
4 Learned Assistant Government preader for Horne, wourd submit that basing on the compraint of petitioner No.2, crime No. 16.r of 20.16 was registered and after due investigation. finar report was fired on 27.02.2017
!-I
2
on the file of the Xl Additional Chief Metropolitan Magistrate, Secunderabad, as such, the cause raised in thispetition does not survive for adjudical ion
this Writ Petition is dismissed as infructuous.No orderas to costs.
Pendirg miscellaneous applications, if any, shall stand closed
P.C. SULEKHA DEVI ASSISTANT REGISTRAR
//TRUE COPY//
CTION OFFICER
To,
PVL BS
s?.
HIGH COURT
DATED:1 81081202s
ORDER
WP.No.32284 ot 2016
a-E: n!. -- .--
( THE S
?J Jtr 26
:P7;
.:,)
DISMISS|ING THE WRIT PETITION AS INFRIJCTUOUS WITHOUT COSTS
6
([c
o*a l:14
1 issue framed by the court
Whether police inaction in not registering an FIR despite two complaints was illegal and could be directed to be remedied under Article 226.
3 provisions across 3 enactments
Chandrakala Jhunjhunwala
Alka Jhunjhunwala
State of TG
The Commissioner of Police, Hyderabad City Police
The Deputy Commissioner of Police, Hyderabad City Police North Zone
The Assistant Commissioner of Police, Hyderabad City Police North Zone
N.Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
