Writ petition challenging police closure of an FIR as civil in nature and seeking reinvestigation was dismissed as infructuous after counsel stated the cause of action no longer survived.
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132171
HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OFSEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO: 6101 OF 2017
Between:
D.Jyothi Kumar, S/o D.sudhakar agedabout 45 years, Occ AdvocateR/o H.No. 40- 295-, Ranga Nilayam Sree Ranga Nagar,[\iloula-Ali, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theConstitutionof lndia praying that in the circumstances stated inthe affidavit filedtherewith,the High Courtmay be pleased to issue a proper writ order or orders,particularlyone in the natureof Writ of Mandamus declaring theaction of the respondentsNo.2 and 3 in not conducting the investigationas per the provisionsof code of criminal Procedure code before closing theFlR.No. 636 of 2016 dated 30-09-2016 as Civil in Nature is arbitrary, illegal and inviolation of mandate provisions underthe criminal Procedure Code and inviolation of Principles of NaturalJustice and in violation of the rights guaranteed underthe constitutionof lndia and set aside the report of the respondents No.2and 3 dated 30- 11-2016and consequentlyissuea direction to the respondentsNo.2 and 3 to reinvestigatethe matter as per the
procedure laid down under thecode of criminalProcerlrre in the interest of justice and to pass any other order or orders appropriatein t le case'
LA. NO: 1OF 2017(WPMP.NO:7490 0F 2C171
Petition under section151 CPC praying that in thec i :umsta'ncesstatedin the affidavit filedin support of the petition, the Highcort imay be pleased to issue a direction to therespondentsNo 2 and 3 to reinvestirate the matter as per the procedure laid downunderthe codeof criminalProc,: lure in the interest of justice.
Counsel for the Petitioner: SRI P.MEHAR SRINIVASA RAO
Counsel for the RespondentsNo.Ito3 : SRI R.LAXMIKANTH R: )DY,AGP FOR HOME
Counsel for the RespondentsNo.4:
The Court made the following:ORDER
1
I
I
I t
THE HONOURABLE SRI JUSTICE N.TUKARAWI
WRIT PETITION No.6101 OF 2017
ORDER:
Tlls Writ Petition is filed under Article 226 of Constitution
of India seeking the following re\ef f s-
". . . to issue a proper writ, order or ordets particular\ one indre natureof Writ of A.{andamus declaring the action of dre respondents No2 and 3 in not conducting the investigation as per the provisions of Codc of Cdminal Proccdurc Codc beforc closing thc tjllt No.636 of2016, dated 30.09.2016 as Civil in 1\vaturc is arbitrarv, illcgal and hr.iolation ofmandatc provisions undcr the Criminat Prcrcedurc Code and in vic,lation of Plnciples of Narural Justice and ir violation of the rights guatanteed underthe Constitution of Indla and set aside the report of therespondents No.2 and 3 dated 30.11.2016 and consequcndy issue a direction tothe rcspondents No.2 and 3 to rernrestigatc thematteras perthe procedure lard down under the Codc of CriminalProccdure inthe interestof jusdce and to pass anv other ordcr or orders aPProPriatc inthc casc.. .."
petitioner afld Mr.R.Laxmikanth Reddy, IearnedAssistant Govetnment Pleader for Home .appeadng forrespondent
Nos.1 to 3.
'adjudication and, therefore, seeks dismissal of the writ petitiofl as
infructuous.
\
2
the said submission.
costs
Miscellaneous Petitions, pending if ar ) , sha11 stand
closed
SD/. A. JAYASfEE ASI; STANT RE0TSTRAR //TRUE COPY// SECTION OFFICER To, '1 . One CC to SRt P.MEHAR SR|N|VASA RAO, Advgcat, ) [oPUC] 2. fwo CCs to GP FOR HOME, High Court for the Stlte c Telangana. [OUT] 3. Two CD Copies. BSK GJP !1-
HIGH COURT
DATED:2310912025
ORDER
WP.No.6101 of 2017
{ HE SIA
Cl 0 3 FtB 216
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I -t-
S. rAl
DISMISSING THE WRIT PETTTION WITHOUT COSTS
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,rN"
1 provisions across 1 enactments
D. Jyothi Kumar
The State of Telangana rep by its Principal Secretary, Home Department
The Circle Inspector of Police, Kushaiguda Police Station
The Sub-Inspector of Police, Kushaiguda Police Station
P. Bikshapathy
N. Tukaramji
As recorded by the court registry
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