Smt. Bhimanapalli Anasuya Vs The State Commission for Women

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

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WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 7463 OF 2023

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Between:

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9mt. Bhimanapalli Anasuya, Wo Sri Bhimanapalli Venu, Aged about 51 Years, Occ. House-wife, R/o H.No.6-8-42, Raju Colony, Balanagar, Thirumalagiri, Hyderabad 500 0'15.

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2- Sri Bhimanapalli Venu, S/o Bhimanapalli, Bhagavan, aged about 59 years, Occ. Business, Rl/o H.No.6-8-42, Raju Colony, Balanagar, Thirumdlagiri, Hyderabad 500 015.

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...PETITIONERS

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AND

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1 The State Commission for Women, represented by its Secretary, Telangana State,2nd Floor, Bhuddha Bhavan, Ranigunj, Secunderabad - 500 003.

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2 Smt. Bheemanapalli Amrutha Sucheta, Wo. Sri Khaggeswar, aged about 33 years, Occ. Asst. lVlanager in Canara Bank, Circuit House Colony Branch, R/o H.No.3-14-211/'l , First Floor, KUC Road, Yadava Nagar, Beside Padmashali Function Hall, Hanamkonda.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus by declaring the impugned Notice in SCW Case No.13412023, dated 03.03.2023, issued by respondent No.1, directing the petitioners to attend before the said Commission on 16.03.2O23 at 11.00 A.M. as illegal, arbitrary in view of pendency of Crime No.266 of 2022 of Warangal WPS, Warangal District, registered for the offences punishable under Sections - 498A,417 and 506 of IPC and Sections - 3 and 4 of the Dowry Prohibition Act,^'1961 on the complaint made by the respondent and issuance of legal notice dated 01 -02.2023 and also enactment of the Protection of Women from Domestic Violence Act, 2005, and consequently set aside the said Notice dated 03.03.2023 issued by respondent

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No.1 and^{passsLc r lth:r relief or reliefs as this Honble court r1a'/ deem fit and} proper in the cir,;un^:i anr)es^{of the case.}

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lA NO: 1 OF²⁰²³

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Petition unrl('r Se()tion^{151 CPC praying that in the circumsti'nces stated in} the affidavit filecl^{in ; rpfrortof the writ petition, the High Cor:rt nra)be pleased to} suspendtheNlolir:,.:S'lWCaseNo.134/2023,dated030:320'13'issuedby respondent No. I^{pe,nclirrgdisposal of the abovewrit petition, anrl passsuch other} order or orders^{as lf is l-1on'ble court may deemfit and proper circumstancesof} the case.

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Counsel for the^{Peli':iorrers: SRIS.RAMA MOHAN RAO}

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Counsel for the^{Fler:;condent No.1: GP FOR WOMEN DEV CHll'D WELFARE}

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Counsel for the Rer:;oondent^{No.2 : SRIA.PRABHAKARRAO}

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The Court made^{rtl'rr-' following:ORDER}

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.7463 OF 2023

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ORDER:

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Heard Sri S.Rama Mohan Rao, learned counsel appearing on behalf of the petitioners, Iearned Government Pleader for Women Development and Child Welfare appearing on behalf of the respondent No.1, and Sri A.Prabhakar Rao, learned counsel appearing on behalf of the respondent No.2.

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The petitioners approached the Court seeking prayer as under:

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".......to issue a writ order or direction more particularly one in the nature of Writ, of Mandamus by declaring the impugned Notice in SCW Case No.134/2023, dated 03.03. 2023 issued by respondent No. 1 directing the petitioners to attend before the said Commission on 16. 03. 2023 at 11.00 A. M. as illegal, arbitrary in view of^pendency of Crime No. 266 of 2022 of Warangal WPS, Warangal District, registered for the offences punishable under Sections 498A, 417 and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 on the complaint made by the respondent and issuance of legal notice dated 01.02. 2023 and also enactment of the Protection of Women from Domestic Violence Act, 2005 and consequently set aside

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2

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the r;:id Notice dated 03. 03.^{2023 issu,:d} by^respondent No I anl^pass such other relief or^reliefs as^{t-his Honble} cour'. na / deem fit and^{proper in the circum:;ta nces of the} case -, nd pass...."

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It s; sp=cific case of the^petitioner that the^irnpugned Notice ir' !^rlW Case No.134/2023, dated^{03.03,2023issued} by respon,lr nt No.1 directing the^{petitionersto attend before} the said^(onnrission on 16.03.2023 at^{11.00A,Y. s illegal,} arbitrary ir view of^pendency of Crime No.^{266 of 2022of} Waranga \ PS, Warangal District, registered for^{ttre offences} punishabler un(ler Sections 498A, 4L7 and 506^,lf IPC and Sections : :ncl 4 of the Dowry^{Prohibition Act, 1161 on the} complaint rnade by the respondent and^{issuanr:e of legal} notice Cete rt 01.02.2023. Aggrieved by^{the sa} d^{action of the} responde r^t : ,^petitioners filed^{the presentWrit Petitiorr.}

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PERUSEg-^.I'HE RECORD:

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The imouoned notice dated 03.O3.^202:l in SCW Ca No.l-i34 t2023, issued bv the resoondent No.l to the 1't^{pl'lt-irEgnetis} extracted^{hereu nder: -}

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I il : I

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" It is to inform that Smt.Amrutha Suchetha, filed an application regarding Domestic violence before State Commission for Women, Hyderabad.

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Therefore, Smt.Bhimanapalli Anasuya and Sri Bhimanapalli Venu are instructed to attend counseling before the Hon'ble Chairperson, Telangana State Commission for Women, Hyderabad on Dt: 16.03.2023 (Thursday0 at 11:00 AM without fail.

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The order dated 2O.O3 .2024 in SCW Case No-134 2fJ23 oassed bv the resDondent No.1 is extracted ereu nder: -

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"It is to inform that vide reference 1't cited Smt. Amrutha Suchetha has filed a complaint regarding Domestic Violence before Telangana State Commission for Women, Hyderabad. She has stated that she has filed FIR in Warangal but there is no action from them and requested for counseling by calling her husband and in-laws. Basing on it both the parties were called for counseling before TSCW vide reference 2nd cited.

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It is to inform that vide reference 3'd cited the Hon'ble Court in WP No. 7463 of 2023 has issued stay of all further proceedings pursuant to the Notice dated 03.03.2023 issued by this Commission.

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Thet a tove Wp No.7463 of 2023 has been fitec by Smt.

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Bhimanape ili /\nasuya and another praying to issur: a writ, order or ci.ection, more particularly one in the nat:ure of Writ of mandir'l .rs by declaring the impugned notice irr SiCW case the No.l34/ ,l_0)_3, dated 03.03.2023 issued by

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Respondr: rtNo 01 directing the petitioners to atter d before the said rl: rnn ission on 16.03.2023 as illegal arbitr.ary in view of pendetrrr:7 of Crime No. 266 of 2022 of Warargal WpS registe-ed fcr the offences punishable under Sect:io,rs_4 9BA, 417 and :; 16 of IpC and Sections-3 and 4 o. th: Dowry

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Prohibil.icr l; act 1961 on the complaint mace by the respondent and issuance of legal notice dated 01.0.2.2023.

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In viel of the above, as the matter is subju,Jice before Criminal Ccr;trt, Hanamakonda, in Crime No.266 ol' 2022, the petition ti r:l lefore the Telangana State Comrnis;sion for Women is; c l:serd herewith.

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Learrrecl Government pleader appearing on behalf of the rer;pondent No,1 brings on record the order, dated 20.0,3.i2O24 in SCW Case No.L34/2Oi:3 of the respondent No.1 and submits that the present Writ Petition itself has become infructuous in vierw of the fact that tltre petition filed by the 3.d respondernt herein, dated 22.0t2.2O23 before the 1.t respondent had been closed by the l"t respondent on 2O.O3.2O24.

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Learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondent No.3 does not dispute the said submission made by the learned Government pleader for Women Development and Child Welfare appearing on behalf of the respondent No-1

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8. Taki n into co nsideration:

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a) The aforesaid facts and circumstances of the case b) The submissions made by the learned counsel appearing on behalf of the petitaoner, learned standing counsel appearing on behalf of the respondent No.l and learned counsel appearing on behalf of the respondent No2.

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c) The contents of the impugned notice, dated O3.O3.2O23 in SCW Case No.134 /2023 issued by the 1't respondent to the petitioner.

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d) The contents of the order dated 2O.O1.2OZ4 passed in SCW Case No.134/2O23, by the lst respondent.

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This^(lourt opines that the cause of action in the present lllrit ;petition does not survive for adjurlication any more, in view of the fact as borne on^record that order datr:cl 2O.O3.2O24 in SCW Case^No.134 l1l023,^h'ad been passe,d by the l"t respondent closing the subject case itself . Ar:cordingly, the Writ Petition is dismissed as infructrr,ous. However, there shall be no order as to costs.

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Mis,:,ll'anrsous petitions, if any,^pending n this^Writ

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Petition, :;tr:ll stand closed.

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SD/. L VIJAYA LAXMI /\ASprsrarur REGTSTRAR //TRUE COPY// \ SErr:TION OFFICER I i\tt\

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To,

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