Osman Sharif Vs The State of Telangana

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

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WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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WRIT PETITION NO: 25343 OF 2025

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Between:

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Osman Sharif, S/o Late Jamal Shareef, Aged about 62 years, Occ ; Retired Govt. employee Resident of H. No. 3-1151A, Opp. Tahsildar Office, Ghattupal Village and Arlandal, Nalgonda District-508253 T.G.

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.....PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad, Telangana.

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The Director General of Police, State of Telangana, LakdikaPul, Hyderabad, Telangana.

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The Superintendent of Police, Nalgonda District, Telangana.

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The Station House Officer, Ghattupal Police Station, Ghattupal, Nalgonda District, Telangana.

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.....RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of l\ilandamus or any other appropriate writ, order, or direction, declaring the inaction of Respondent No. 4 in failing to register an FIR based on the Petitioners complaint dated 15-05-2025, and the inaction of Respondent Nos.1 and 3 despite complaints dated 19-05-2025 and^{17 -05-2025} respectively, as illegal, arbitrary, u nconstitutiona l, and in violation of Section 173 of the BharatiyaNagarikSurakshaSanhita, 2023 and violating the fundamental^rights guaranteed under Articles 14, 21 , and 3004 of the Constitution of India and the principles laid down in LalitaKumari v. Govt. of U.P. and Ors. (2014) 2 SCC 1 and Direct to Respondent No. 4 to immediately register an^{FIR under the relevant} Sections of the BharatiyaNyayaSanhita,^{2023,including Sections 316(2),31 8,}

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336, 338, 340, 351(2), 351(3), and 351(5), based on the ,etitioner,s comptaint dated 15-05- 2025, and to conduct a thorough investigation ir o the matter.

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l.A.NO:1 OF 2025

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Petition Under Section 151 cPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High court nr:r be pleased to direct Respondent Nos.^'l and 2 to supervise the investigation to : rsure it is conducted fairly, impartially, and expeditiously, and to take approt-iate action against Respondent Nos. 3 and 4 for dereliction of duty, if found gurlll

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|.A.NO:2 OF 2025

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Petition under Section 151 cPc praying that in the cr-r Lrmstances stated rn the affidavit filed in suppo( of the petition, the High court may be pteased to Direct to the Respondent No.4 to seize the forged documents, inclr- Jing proceeding No. cl7o5lo8, Proceeding No.c/490/2006, and the afleged Sada ] rinanra of 1978, and subject them to forenstc examination to confirm the forgery.

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I.A.NO:3 OF 2025

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Petition Under section^'151 cpc praying that in the cir( _rmstances stated rn the affidavit filed in support of the petition, the High court may t)e pleased to direct the Direct Respondent No.4 to immediately register ar t:lR based on the Petitioner's complaint dated^'1 5-05-2025 and initiate an investir ation.

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|.A.NO:4 OF 2025

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Petition Under Section 15i cpc prayrng that in the circ rmstances stated in the affidavit filed in support of the petition, the High court ma 7 be pleased to direct the Respondents to provide interim protection to the petitiorr, r to prevent further threats or encroachment by the accused.

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Counsel for the Petitioner : SRI MUHAMMAD VEQAR HUSS/ lN

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Counsel for the Respondents : SRI M.SRINIVAS, AGp FOR l. OME The Court made the following ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SIIJ JUSTICE E.V.VENUGOPAL

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WRIT PETITION lro.25343 of 2025

Date: o4.02.2026

Between:

Osman Sharif

Petitioner

And

The State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad, Telangana and three others

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Respondents

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ORDER

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This Writ Petilion is filed seeking the follou,ing relief:-

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"to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the inaction of Respondent No.4 in failing to register an FIR based on the Petitioner's complaint, dated 15.05-2025 and the inaction of Respondent Nos.l and 3 despite complaints dated 19.O5.2O25 and 17.O5.2O25 respectively, as illegal, arbitrary, unconstitutional and in violation of Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and violating the fundamental rights guaranteed under Articles 14, 2l and 300A of the Constitution of India and the principles laid down in Lalita Kumari v Govt of U.P. _

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2 Irw,J rvP 25343*2025

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and Orsl and direct Respondent No.4 o inrmediatel_y register an FIR under the relevant lj c:tiorrs of the Bharatiya Nyaya Sanhita,2023 including !:ctions 316(2), 318,336,338,34o,351(2), sS1(3) and 3 !1[5) based on ri-re Petitioner,s complaint dated 1S.0i; 2025 and t.) conduct a Lhorough investigation into the r atter...,,

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2 When the matter is taken up for hearin.g iri IV[.Srinivas, learned Assistant Government pleader lo H,tme, on ins[ructions, r,l.ould submit that on receipt of Lre complaint, dated 15.05.2025 lrom the petitioner, the res ),lnd,3nt-police have made G.D. trntry and they have conducte<i r nqui:ry and as the investigation which revealed that there ait c.ivii disputes bet'o'een the petitioner and his family members. n vir:w of the civil dispu(es the1, have crosed the said compl:L; ,rt as; civ in nature and thev have also furnished the infcrrr L:rtioi_r to the pclrtioner through registered post on 12.o8.2cta^- Therefore, learned Assistant Government pleader for Hom,: , ,oulcl submit that the cause in this writ petition does rLr t survive for adjudication any further and prays to dismiss th r lvrit petition as infructuous

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At this stage, Ms.Ruhi Fatima, learr:C counsel representing Mr.Muhammad Veqar Hussain, leanlr:r counsel for '^{2014 (?Fscc} 1

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3 EIry,J rvP 25343 2025

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the petitioner has submitted that so far the petitioner has not received any closure reporl and if the copy of the closure report is furnished he u,ill take apprcpriate steps by approaching the competent forum.

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Recording the submissions made by both the learned counsel, this Court does not see any reason or ground to keep this writ petition pending any further.

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