Barkha Bhalla , Barkha Bhasin Vs The State of Telangana

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[³³⁰³¹

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

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WEDNESDAY,THE EIGHTH DAY^OF OCTOBER TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{J SREENIVASRAO}

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WRIT PETITION NO: 7402 OF 2023

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Between:

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Barkha Bhalla , Barkha Bhasin, D/o.Mr. Sudharshan^{KumarBhalla,.} ?S9d-qq years, Occ. Advocate, Fl/o. Flit No. 402, Dream Apartments, Behind^TV9 bffice, Road No.3, Banjara^Hills. Hyderabad,^T.S.

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...PETITIONER

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AND

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The State of Telangana, Rep., by^{its Principal Secretary, HomeDepartment,} Office at. Secretariat, Saifabad^{Hyderabad, T.S.}

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The Commissioner of Police, Central^{Crime Station, DetectiveDepartment,} Office at. Fateh Maidan, Abids,^{Hyderabad, T.S.}

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The Assistant Commissioner of^{Police, Central Crlme Station, Detective} Department, Office at. Fateh^{Maidan, Abids, Hyderabad' T.S.}

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Abhishek Datt, S/o.Mr. Yogesh^Datt, aged^{about 46 years Occ. Managing} Director, M/s. Taashee Linux Services^{Private Limited,Ryo A1902'Aparna} Sarovar Grande, Nallagandla,^{Serilingampally,Hyderabad' T.S}

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...RESPONDENTS

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Petition under Article 226 of the^{Constitutionof lndiaprayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased to issue a writ or writs more^{appropriatelya writ of Mandamus declaring} the action of the 3,d respondent^{in registeringthe Cr. No.19012022 under section} 406,420,465, 468, 471 rtw 34^{IPC againstthe petitioneras illegal, void,ultra} virus and u nconstitutional in the interest^{of justice and equity}

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^{prayingthat in the circumstancesstated in} the affidavit filed in support of the^{petition,the High court maybe pleased to stay}

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f)

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all further proceeiings including the arrest of the petition,;r in respect oF Cr. No. 19012022 under section 406,420,465, 468, 411 rlw 34 IFC registered by the 3,d respondent, pending disposal of ths Vvrit petition in the interest of justice and equity.

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Counsel for the Petitioner : SRI MOHD NASEERUDDIN

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Counsel forthe Respondent Nos. 1 to 3 : SRt B. SRIDHAR, AGp FOR HOME Counsel for the Respondent No. 4 : -._

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The Court made the following: ORDER

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THE HON,BLE SRI JUSTICE J. SREENIVAS RAo

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WRIT PETITION No.7402 of 2023

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ORDER:

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This Writ Petition has been filed by the petitioner declaring the action of the respondent No.3 in registering Crime No.l90 of 2022 under Sections 406, 420,465, 468, and 47 | read with Section 34 of the Indian Penal Code, 1860 against the petitioner as illegal, void, and unconstitutional.

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Heard Mr.Mohd.Naseeruddin, learned counsel for the petitioner, through video conference and Mr.B.Sridhar, leamed Assistant Govemment Pleader for Home appearing for respondent Nos.l to 3.

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Leamed Assistant Govemment Pleader for Home submitted that during pendency of this writ petition the lnvestigating Officer after conducting Investigation filed final report before the Xll Additional Metropolitan Magistrate, Nampally, Hyderabad, and the said Court took cognizance and the case was numbered as C.C.No.8485 of 2023 and the same is pending consideration

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$

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2

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ln view of the said submission, the cause in tlis writ petition

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does not survive for adjudication

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Accordingly, the Writ Petition is closed. l1owever, the petitioner is granted liberty to avail the remedi,:s available as available under law, including seeking quashment of proceedings in C.C.No.8485 of 2023, by raising all the grounds which are pleaded in the present Writ Petition. There shall be no order as to costs

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Pending miscellaneous applications, if any, shall stand

closed

\

To,

Sd/.B.REKHA^RANI ASiSISTANT^REGISTRAR !

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//TRUE^COPY'