K.Reddiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

K.Reddiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to seek appropriate remedy as available under law; pending miscellaneous applications ordered closed; no order as to costs.

Issue for consideration

Whether the act of the respondents in not proceeding with and not pursuing the charge sheet filed in Crime No. 347 of 2017 dated 17.03.2017 (pending as CC No. 140 of 2018 on the file of the learned II AJCJ cum XIV Additional Judicial Metropolitan Magistrate, Kukatpally, Cyberabad) is illegal, arbitrary and violative of Article 21 of the Constitution of India. +1 more

Ratio / Principle

With the consent of counsel, the writ petition was taken up and disposed of at the admission stage itself; recording the submissions made, the writ petition is disposed of granting liberty to the petitioner to seek appropriate remedy as available under law.

Key takeaways

Pending miscellaneous applications shall stand closed and no order as to costs is made.ratio¶34

Detailed headnote1 paragraphs

W.P. No. 32575 of 2025, High Court for the State of Telangana (Special Original Jurisdiction), decided 28/10/2025 by the Honourable Sri Justice N.V. Shravan Kumar (single member, author). Filed under Article 226 of the Constitution with an interlocutory application under Section 151 CPC, the petitioner sought (i) a declaration that the respondents' act in not proceeding with and not pursuing the charge sheet in Crime No. 347/2017 dated 17.03.2017 — pending as CC No. 140/2018 on the file of the Honourable II AJCJ cum XIV Metropolitan Magistrate, Kukatpally, Cyberabad — is illegal, arbitrary and violative of Article 21 of the Constitution of India, and (ii) a direction to speed up and dispose of CC No. 140/2018 within a time-bound period. Respondents: the State of Telangana through the Principal Secretary, Home, Secretariat, and the Station House Officer, P.S. KPHB Colony, Cyberabad District; the AGP for Home appeared for respondent nos. 1 and 2. Taking the matter up at the admission stage with the parties' consent, and recording the submissions, the Court disposed of the writ petition granting liberty to the petitioner to seek appropriate remedy as available under law, closed pending miscellaneous applications and made no order as to costs. No merits ruling on the legality/Article 21 claim and no precedent is cited.

[^325s I

IN THE HIGH COURT FOR AT HYOTJREABIfE^{OF TELANGANA} (Speciat originat .luriiaiction;

TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWo rHousAND AND rwerlrirrrlr"' ""'

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO :32575 oF 2025

Between:

[I?iitli, ii"r[::ti&Iiia#3;lol'vears,^{occ ; Business, Rr/o prot} No 57, 58,

AND

.....PETITIONER

1 llfr.P,,{3lt?fd}iilr.:na,^{Rep.bv its principar Secretary, Home, Secretariat}

2 The Station House Officer, p.S KPHB Cotony, Cyberabad District.

.....RESPONDENTS

Petition Under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a appropriate writ, order or orders, more particularly one in the nature of writ of mandamus to the respondents rn not proceeding and not pursuing charge sheet crime no. 347/2017 dt 1710312017 CC No. 140/2018 0n the fire of Honorabre lr AJCJ cuM xrv Metroporitan Magistrate, Kukatpary cyberabad is illegar arbitrary and vioration of Arl 21 0f constitution of rndia consequenry direct the respondents to speed up and dispose the cc No. 140/20.1g on the fire of Honorable ll AJCJ CUIVt XIV Metropolitan Magistrate, Kukatpally Cyberabad.

l.A.NO:1 OF 2025

Petition Under Section i 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to issue a direction to the respondents to speed up and dispose c.c.No.140/20.1 8

on the file of Honorable ll AJCJ CUM XIV Metropolitan L4agistrate, Kukatpally Cyberabad pending disposal of the wrrt petition.

Counsel for the Petitioner : SRI POCHAIAH DORISHETTI

Counsel for the Respondents : AGP FOR HOME

The Court at the stage of admission made the following ORDER

I t

THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.32575 of 2025

ORDER

Hcard lcarned counsel for the pctitioncr ancl lcarnecl Assistant Covernment I'lcadcr for Home appearing for respondcrrt Nos.l ancl 2. ,,ith their consent, tlris writ petition is being takt:n up for disPosal at tlic aclmission stage itself.

'fhis writ petition has been filed sceking the following pravL'r:-

" to tleclnre tlrc actitlrt of respondcnts in not procrcditrg tmd trct pursrrirtg clmrgc sltat fled in crinte No.347 o_f 201/ dak'd 17.03.2017, CC No.140 of 2018 on the .file of lenrned ll ALI CLtM XV Additiotu ludicitl Metropolitu Mngistratt', Kukntpnlly, Cybernlnd, is illegal, arltitrnry tnd dolntiott of Artrtlc 27 o.l'

r:r>ttstttrLtiort of lndin nnd c.onsequcntly direct tle rtsptttrLiutls tLt speecl tLp nnd dispose the CC No.140 of 2018 perrditLg ort tlr .ftLe ol' lcnrncd ll AlCl CUM XIV Metropolitnn Mngistrate KtLkatpnllry, Cyfurubnd."

l oday when the matter has becn taken up for hearing, learnerl cr.runsel lor thc pctitioncr submits that a cl'rarge shcet has bcen filccl in crinte No.3l7 of 2017 tlated 77.03.2077, and since 8 years CC No.140 of 2018 is pcnclir-rg ancl fulthcr pray this Court to dircct thc rcsponclents to spccrl up.rr-rd clispost, the CC No.l40 of 2018 in a time bound periocl.

-1. Lcarncd Assistant Governmenl Pleacler for Homc appcarinu lor. rcspontlcnts subn-rits that the CC No.1{0 of 2018 is pcndin;; orr thc iile ol learned lI ACJ CUM XV Adrtitional Juclicial I,letropolitan N4agistrarc, Kukatpallv, C1'bcrabad and subrnits that the pctitioncr ought to lrzrvc [iletl arr .rprpropriate apLrlication beforc the sairl trial Court for expcrlitc lrcaring.

,.)

n t this stagt,, learnecl counscl ior the;-.ctitioncr prar tlris (.ourt to g1.ant

libcrtr' [o thc pctitiorre,r to file an application before the h-ia] ('ourt.

Recordir-rg tlrc abovc submission, this writ petitjon is clisposecl of granting libertv to [,ctitioncr to sce'k appropriate remcclt. :is a.r,ailable uncler larv

VVith thr' .ttrovc observation, this writ pctitiorr is tlisposer.l o[. Miscellaneous applications, if anv pcndirrg, shall stand ckr.;cd. No order as to costs

D/J P. PONNA KRISHNA SSISTANT^RE GISTRAR //TRUE^COPY//

SECTION^OFFICER

To 1 The Principal^{Secretary, Home, Secretariat Building'State of Telangana at} 2 r#itffi Hvderabad. House officer,^{P S KPHB Colonv' Cvberabad District} ?, +ffi te:i; ii-^{F-oR i-oil'i, iigh co"t ro' ihe State or relansanaat} Hvderabad. IOUT]

4 8i,"""#il"^{dnr"p6cnnrnu DoRIsHETTI'Advocate[oPUCl} 5 Two CD CoPies

SA PVL

I

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1

HIGH COURT

DATED:2811012025

ORDER

WP.No.32575 of 2025

lt '. o R rllE S n4
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't'trr

DISPOSING OF THE W.P

AT THE STAGE OF ADMISSION

WITHOUT COSTS.

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