Mohammed Ghouse Khan Vs The State of Telangana

Petitron under Article 226 of the constitution of lndia praying that in the crrcumstances stated rn 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 declaring the inaction on the part of respondent No 3 in conducting the further investigation by reopening the crime No 101 of 2021 registered U/s sections 420, 468, 471, IPC having received representation dated 9-12-2024 as being lllegal, Arbitrary, Capricious, tvlalafide, not Contrary to Order 488 of Police Manual, but also contrary to Section 193 (9) Bhartiya Nagrik

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suraksha sanhita ( BNSS ), Judgment of the Hon'ble su rreme court reported rn 2023 Live Law (sc) Page 365, consequenrly direct the 3.,i respondent to condu:t further investigation in crime No 101 of 2021 on the ri e 3rd respondent police Station rn pursuance of representation dated 9_12_2024.

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lA NO: 1 OF 2024

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Petition under section r 51 cpc praying that rn the :ircumstances stated rn the affidavit filed in support of the petition, the High court 1 ay be pleased to direct the 3rd respondent to conduct further investigation in cr i ne No 101 of zo21 by reopening the same.

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Counsel for the Petitioner: SRI K. UPENDER REDDY

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counsel for the Respondents No.1 to 3: SRr M. sRrNrvAri AGp FoR HOME Counsel for the Respondent Nos.4 & 5: -

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANAAT} HYDERABAD

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THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

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WRIT PETITION No.36281 of2024

Date: o4.02.2026

Between:

Mohammed Ghouse Khan

.Petitioner

And

The Statc ol Telangana, reP. bv^its Principal Secrctary ol Govcnrmcnt Home Departmenl Secretariat, H1,'derabad and for-t r others

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. Respondents

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ORDER

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This Writ Petition is filed sceking^{the follorvingrelief:-}

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".. - to issue an appropriaLe '"vrit, order or direction more particularlv one in the^{nature of} 'Writ^of MAN DAMUS declaring^{the inaction on the part of} respondent No.3 in conducLing^thefurther investigation by reopening^{the Crime No.101 of 2021} registered U/s Sections 42O,^{468 and 47 IIPC} having received representation dated^09.12.2024as being Illegal, arbitrary, capricious,^malafidenot Contrary to Order 488 of Police^{Manual but also} contrary to Section 193⁽⁹⁾ Bhartiya^Nagrik

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2

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EV\i. J \p 36281 2024

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Sur:rksl-ra Sanhita, 2023, Judgme nt of the Hononrable Supreme Court reported in 2 123 Live Lau (SC) Page 365 and consequentll,, direc the 3rd respondent to conduct further investigatiorr ir C rimc No.101 ol 202 1 on the file of 3.d responde -rt Police Station in pursuance ol representatrr r ,^ciated 09.12.2024 and pass. _."

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Heard Sri K.Upendcr Redd1,, learned cr rnsel for the pctitioner and Sri M.Srinivas, learned Assistit;'r Government Pleacler for Home zrppearing for the ofhcial respor-( ents and with their conscnt, this rvrit petition is bcing takcn up t,r disposal at the admissior-r stage.

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Leamed counsel for the petitioner would su ) mit that the petitioner lodged a complaint dated 19.1 1.2020 \ i h rcspondent No.3 stating that the unofhcial respondent ha C forged the signalure of dead person. namell Alidad Kh,r I for survey/ demarcation of land and also paid challan in I s name uide Challan No.0200764524 of State Bank oI Hvderabad, Kamareddy Branch. Basing on lhe said complir nt, a case in Crime No.101 of 2027 was registered against he unofficial respondent for the olfences punishable under Sect cns 42O, 468 and 477 oi I.P.C. Respor-rdent No.3, without ca using proper enquiry or collecting proper evidence or cording the

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; I t; ll

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I t t I I Ll i i , I I I

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statements ol the rclevant \i.itnesses, closed the case on 31.O5.202 1 bv a filrng final reporr as 'Ldck of Evidence'. Aggricved by tl'rc samc, the peritioner made a representation, dated 09.12.2024 sceking to rc-open thc Crime and investrgate again into the mattcr. The gr icvance of the petitioner is that, even atier reccipL ol the said representation, the respondentpolicc did not takc anr aclion.

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Learned Assistant Government Pleader for Home, on instrucrions, u ould submit that rhe pctitioner has an eflective and altcrnative remcdl beforc trial Court by filing protest petition or a prr!,ate complaint and seek lor re investigation, if aggrievecl by the final report. Learned Assistant Government Pleader further submittecl thar respondent No.3/ Investigating Ofiicer has fairll.' conducted thc investigation in the said crime and recorded the s[atcments ol lhc u'itnesses. Basing on the evidence collected, the final report was filed before the learned Judicial Magislrate oi First Class, Kamareddy, after obtaining permission from the Sub-Divisional Police Officer, Kamareddy uide C. No.101/Crl DNP/ 2O21, daLed 29.O5.2021 and the same was furnished to the petitioner

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4

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t:'. J \ r, r6t8l t0t1

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.-. Havrr.rg heard the learncd counsel for tl'rr' r,.trrioner :tnd Icitrncd Assistant (;ovcrnmeltL Pleadcr for Hont, e pp:aring for tlrr: official rc spondcnts and examiniltg the ma , r i;rl on re<:orcl, this Court is not int:lined to enLertain this rvrit p .lition as it is clcvoid of artr rneriLs.

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6, Accolclingll , this writ petition is dismrssr,: as dcvoid of me nts. Horr cver, it is left opcn to thc peLition()r t r l:le protest pc(ition belirrt: the concerned Magistrzrte or to ,,:,il rnv other Icgal remech . iI hc is aggrieved by the final reporr

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As a sccluel, thc miscellaneous pctitions J-(^.tdii rs, 1f .tn,,

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shall stand t'krsed. No costs.

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SD/-M. NAGAMANI Si: iISTANT REGISTRAR ( //TRUE COPY// \ t SECTION OFFICER

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To

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