Writ petition seeking mandamus to investigate a 2016 crime registered under the IPC and SC/ST (POA) Act. The State reported that investigation was completed and a final report filed before the Magistrate classifying the matter as lack of evidence; the court found nothing survived.
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.
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132171
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO:40594 OF 20'17
Between:
Erigi Ashok, s/o Yellaiah, aged about 39 years Occ Advocate, r/o Brindavan Colony, Jangaon Town and District.
..PETITIONER
AND
...RESPONDENTS
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, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the Respondent Nos. 3 and 4 herein in conducting investigation into Cr.No. 31012016 for the offence U/Sec. 323, 427 of l.P.C., and Sec. 3 (t)(x) of SC ST POA Act, though the said crime is registered on 16-1 1-2016, as being illegal, arbitrary, unco nstitutional and contrary to the provisions of SC/ST (POA) Act, 2015.
l.A. NO: 1 OF 2017(WPMP. NO: 50394 OF 2017)
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 topass orders directing the respondent Nos.3 and 4 herein to forthwith arrest the
accused person in relation to Cr.No.310/2016,pending disposal of the main Writ Petition.
Counsel for the Petitioner : SRI O.C.UMAPATHI RAO
Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR HOME
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No.40594 OF 2017
ORDER:
This Writ Petition is filed urrder Article 226 of the Constitution of lndia seeking the following reilef
"-. -fo lssue an appropriate Writ, order or Direction, more pafticularly one in the nature of Writ of Mandamus, to declare the inaction of the Respondenl Nos. 3 and 4 herein in conducting investigation into Cr. No. 310/2016 for the offences U/Sections 323, 427 of l.P.C., and Sec. 3(1)(x) of SC Sf POA Act, though the said crime is registered on 16-11-2016, as being illegal, arbitrary, unconstitutionat and contrary to the provisions of SCIST eOA) Act, 201 5, and fo pass such other order or orders. . ."
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2
Pending miscellaneous applications, if any, shall stand closed.
SD/.P.C.SULEKHA DEVI ASSISTANT REGISTRAR //TRUE COPY' 6 SECTION OFFICER
To,
1 One CC to SRI D.C.UMAPATHI RAO, Advocate. [OPUC]
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HIGH COURT
DATED:1011012025
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ORDER
WP.No.40594 of 2017
DISMlSS!NG THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
OrYP
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1 issue framed by the court
Whether the police inaction in investigating Cr.No.310/2016 registered under Sections 323, 427 IPC and Section 3(1)(x) SC/ST (POA) Act was illegal and arbitrary.
5 provisions across 4 enactments
Erigi Ashok s/o Yellaiah
The State of Telangana, rep. by its Principal Secretary, Home Department
The Commissioner of Police, Warangal
The Assistant Commissioner of Police, Jangaon
The Station House Officer, Jangaon Police Station
N.Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
