High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in 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 lr/landamus'declaring the action of the respondent No.3 in non-following the Provisions of Criminal Procedure Code Section 154(3) of Cr.P.C. and non-initiating to register the FIR basing on the complaint dated 07- 10-2023 and non-initiating to take the necessary action against the respondent trtO.Z to '16, who hatched a plan to extract the money from the petitioner and sold the Plot to an extent ot 1473 Sq. yards in Ptot No.22 in Sy.No.1655 which is situated at near Bus-stand Kosgi village and Mandal, Narayanpet District and cheated the petitioner and denied to execute the register sale deed and trespassed into the house of the petitioner and created panic situation and tried to kill the petitioner is highly illegal, arbitrary, unconstitutional, violation of principles of natural justice and also in violation of Articles 14,21 and 300-4 of the constitution of lndia and consequently direct the respondent No.3 in to follow the Provisions of criminal Procedure code section 15a(3) of cr p c. and to register the FIR basing on the complaint dated 07-10-2023 and non-initiating to take the necessary action against the respondent No.7 to 16, who hatched a plan to extract the money from the petitioner and sold the plot to an extent of 1473 Sq. yards in Plot No.22 in Sy.No.1655 which is situated at near Bus-Stand Kosgi Village and Mandal, Narayanpet District and cheated the petitioner and denied to execute the register sale deed and trespassed into the house of the petitioner and created panic situation and tried to kill the petitioner. |.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent No.3 in to follow the Provisions of Criminal Procedure Code Section 15a(3) of Cr.P.C. and to register the FIR basing on the complaint dated 07 -10-2023 and non-initiating to take the necessary action against the respondent No.7 to 16, who hatched a plan to extract the money from the 1473 Sq. yards in Plot No.22 in petitioner and sold the Plot to an extent of Sy.No.1655 which is situated at near Bus-Stand Kosgi Village and Mandal, Narayanpet District and cheated the petitioner and denied to execute the register sale deed and trespassed into the house of the petitioner and created panic situation and tried to kill the petitioner pending disposal of the writ petition. ' Counsel for the Petitioner : SRI'RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 6 : GP FOR HOME Counsel for the Respondent Nos.7 to '16 : SRI NARENDAR JALLI The Court made the following ORDER v HON'BI-E SRI JUSTICE T. VINOD KUM,{R WRIT PETITION No .1116 of 2024 ORDER Heard learned counsel for the petitioner, learned Govemment Pleader for l:lome appearing on behall'of respondent Nos.1 to 6 and Sri Narender Jalli, learned counsel appearing on behalf of respondent Nos.7 to 16, and perused the record.

2. The case of the petitioner in briel is that though, he has approached the respondent authorities and lodged complaints on 03-10-2023 and 07-lO-2023, no action has been taken on the said complaints by registering, FIR against the persons named in the aforesaid complaints, even though the contents of the complaints disclose commission of cognizable of-fence, which action of the respondent authorities, it is contended as highty iflegal, arbitrary and in violation of the judgrnent of the Apex Court in Lalita Kumari Vs. Government of Uttar Pradesh and olherst .

3. Per contra, learned Govemment pleader for Home appearing on behalf of respondent Nos. I to 6 would submit that on the petitioner approaching the respondent authorities and lodging the aforesaid complaints, the authorities havc made GD entry and after causing ' 1zora1 z scc r 2 preliminary enquiry and noticing the contents of the complaints are civil disputes, have closed the aforesaid complaints by recording the same as 'Civit in nature' on 20-10-2023.

4. Leamed Government pleader for Home further submits that on the respondent authorities taking the aforesaid action by closing the complaints lodged by the petitioner as civil in nature, petitioner was also issued with intimation of the action taken through petition Management System (PMS).

5. Learned Govemment pleader for Flome further submits that ii the petitioner is aggrieved by the aforesaid action taken by the respondent authorities on his complaints, he has to avail further remedies provided under the Code of Criminal procedure.

6. I have taken note of respective contentions urged.

7. Though, the petitioner claims of having approached the respondent authorities and submitting complaints dated 03 _ 10_2023 and, 07-10-2023, which discloses commission of cognizable offence and no actior.r being taken thereon, the respondent authorities having now informed this Court of the action taken on the aforesaid complaints by causing preliminary enquiry and closing the same as civil in nature on 20-10-2023 and also issuing intimation of the action / ) thereon to the petitioner, this Court is of the view that if the petitioner TS aggrieved by the aforesaid action, has to avail the remedies provided under the Code of Criminal Procedure.

8. Granting liberly as indicated above, the Writ Petition is disposed of. No costs

9. Consequently. miscellaneous petitions, if any, pending shall stand closed. \ To SD'.MOHD. ISMAIL DEPUTY REGISTRAR //TRUE coPY// ,. \_."ti SECTId*OFFICER 1 The Principal Secretary,'Home Department' Secretariat Building' Secretariat' ' iir1" ofTelangana at Hvderabad' 2 il?'dllil;'c;;il "i'ili Ju li"t" n g" n' State' Hvdera b ad' ,3. The Superintendent ot pff rce, ilaiayinpet, Narayannet Distrtct' 4. The Deputy supunnt"nolni"ot'p6ril"' ri"'ya.npet' Narayanpet District E'"rit"' roigi Cir"le'' Narayanoet District 5 The Circle lnspector ' 6. The Station House Ottrcei,'i'otgiFi'|i"" Station' Naraya'npet Distnct ' ;. +vv"o"Ce; to oFFon HoitirilHign court for the state or relansana at BI1"8t?S J8,'JIrot, B HAS KAR, Ad vocate ro P.U cl EnE;6 i" Srir rlnnrr'rDAR JALLI' Advocate (oPUC)

0.Two CD CoPies 8 o 1 SA BS 6 J ( s T4 ? 16 JUr 2025 * \) PTiTCHr() t- HIGH COURT DATED:0810712025 ORDER WP.No.1116 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. %e