✦ High Court of India · 27 Jan 2025

High Court · 2025

Case Details High Court of India · 27 Jan 2025
Court
High Court of India
Decided
27 Jan 2025
Bench
Not available
Length
1,011 words

It//s- U 2 Exim Private Limited, Manufacturers, Exporters and lmporters, Rep. by its Itilanaging Director. lVladhuru Uma Shankar, S/o. Late Laxmi Narsimha Rao, Aged about 56 Years, Occ- Business, R/o. H. No.207, Road No.S, Sri Ramakrsihnapuram, Kothapeta, Saroornagar Mandal, Ranga Reddy District. .....PETITIONER AND

1. The State of Telangana, Represented by its Principal Secrefary, Home Department, Secretariat Building, Secretariat, Hyderabad.

2. The Director General of Poljce, Telangana, Hyderabad. 3. The Commissioner of Police, Cyberabad Commissionerate, Cyberabad, Hyderabad.

4. The Station House Officer, Kushaiguda Police Station, Cyberabad Commissionerate, Hyderabad.

5. D. Naresh Chowdary, S/o. Kannaiah Chowda Business, Rl/o. H. No. 1 2-6 -2121 5, Flal No. 1 03, Hyderabad. ry, Aged about 41 Years, Occ- Vivek Nagar, Kukatpally,

6. Smt. D.Lavanya, W/o. D.Naresh Chowdary, Aged about 38 Years, Occ- Business, R/o. H.No.12-6-21215, Flat No.103, Vivek Nagar, Kukatpally, Hyderabad.

7. Anil Kumar Kishan, S/o. Late Sri.P.M. Kishan, Aged about 61 Years, Occ- Business, Rl/o. Plot No.391, Phase-lll, Road no.81, Jubihe Hills, Hyderabad - 500 096.

8. Padmaja Kishan, W/o. Anil Kumar Kishan, Aged about 56 Years, Occ- Business, Rl/o. Plot No.391, Phase-lll, Road no.81, Jubilee Hills, Hyderabad - 500 096.

9. Andhra Bank, Rep. by its Manager, Film Nagar Branch, Jubilee Hills, Hyderabad. /

10.Seelam Dayakar Reddy, S/o. S.Venkat Reddy, Aged about 59 Years, Occ- Business, Rl/o. H.No.'17-1-3881C122, Near Guptha School, Vinay Nagar, Saidabad, Hyderabad - 500 059.

11. Seelam Pavani, W/o. Seelam Dayakar Reddy, Aged about S0 Years, Occ- Business, R/o. H.No.17-1 -3881C122, Near Guptha School, Vinay Nagar, Saidabad, Hyderabad - 500 059.

12.Govind Prasad Raj Garhia, S/o. Late S.M. Ra.l Garhia, Aged about 73 years, 0cc- Business, No. J 24, Bharani Complex, Minister Road, Secunderabad.

13.M.S.V.S. Durga Prasad, S/o. M.Subramaniam, Aged about 54 Years, 0cc- Business, R:/o. H.No.4-32-'1067, Plot No.92A, Phase-ll, Allwin Colony, Kukatpally, Hlderabad - 500072.

14.M. Dayakar Reddy, Sio. Pratap Reddy, Aged about 50 Years, Occ- pvt. Employee, R:/o. Flat No.101 , Little Rock Apartments, Miyapur, Ranga Reddy District.

15. M.Kaxminarayana Rao, S/o. Not Known, Aged about 61 Years, Occ- Business, R/o H.No.1 1-1 02, Nuzuveedu, Krishna District, Andhra Pradesh.

16.K. Pramod Reddy, S/o. Not known, R/o. H.No.'12-1-156, Latapet, Secunderabad. .....RESPONDENTS 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 drrection more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in to conduct the investigation in Crime No.405/20'16 for the offences under Section 406, 420, 468, 471, rlw. 34, rlw 120b l.P.C, and 447. 448, 449 COMP A, r/w. 156 (3) Cr.P.0 and non-initiating to take the necessary action against the Respondent Nos. 5 to 16 since 2510612016 is illegal, arbitrary, u nco nstitutiona I and violation of Articles 14, 15,21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the Respondent No.4 to conduct the detailed enquiry in crime No.405/2016 for the offences under section 406,420,468,471, rlw.34, rlw 120b l.P.C., and 447,448,449 COMP A, r/w. 156 (3) Cr-P.C and take the necessary action against the Respondent Nos.5 to 16. |.A.NO:1 OF 2025 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 the Respondent No.4 to conduct the detailed enquiry in crime No.40s/2016 for the offences underr Section 406, 420, 468. 471. rtw. 34. rlw i2Ob l.p C., and 447, 448,449 COMP A, r/w. 156 (3) Cr.P.C and take the necessary action against the Respondent Nos. 5 to '16 pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 to 16 : -- The Court made the following ORDER THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY ORDER: WRIT PETITION No.1354 of 2025 The writ petition is filed to declare the action of the respondent No.4 in not conducting investigation in Cr.No.405 of 2016, as being, arbitrary and illegal.

2. Learned Assistant Government Pleader for Home, on the basis of written instructions, submitted that investigation is completed in cr.No.405 of 2016. During investigation, the Investigation Officer visited the scene of offence, examined and recorded detailed statements of witnesses. The Investigation Officer issued notice under Section 9l/L60 of the Criminal Procedure Code, 1973, to the petitioner on 26.09.2016. 15.10.2016 and 04.11.2016 to furnish original documents, relevant material on evidence and to provide witnesses. But the petitioner did not any original documents. After completion of investigation, the Investigation Officer referred the case as 'Lack of Evidence' after obtaining permission from the Assistant Commissioner of Police. The petitioner was intimated about filing of final report on

30.11.2016 before the X Metropolitan Magistrate, Rachakonda at Malkajgiri.

3. Copy of the written instructions is served on the learned counsel for the petitioner. 2

4. Recording the aforesaid submission' the writ petition is disposed of granting liberty to the petitioner to avail appropriate legal remedy under the provisions of the Criminal Procedure Code' 1973, it he is aggrieved by the final report' The miscellaneous applications' if any pending' shall stand closed. There shall be no order as to costs' ,TRUE COPY' SD/. ASSI TAN T. JAYASREE T REGISTRAR NON OFFI CER to .,. ,n" principal secretary, Home Department. Secretariat Building' Secretariat' ,ilta:l.t-g*fl itr'::",1+,"J?t'*t#fl?i33xl*"cvberabad 3. The Commissioner t "' uyou'uuuo . a- The Station House t ^ *'.3;l;t3fl+al*m:l$,rn "ounrorthe Hvderabad tou' o On" CC to SRI RA1 7. Two CD CoPies GJP qt- , cfficer, Kushaiguda Police station' cyberabad ,oau BHASKAR, Acvocate ISPUCI State orreransana at SA i ,1,' 'Jfi YIE c ,) 03 t{ii 20:5 t'; )\ HlGH COURI' DATED:2710112025 ORDER WP.No.1354 r:f 2025 DISPOSING OF THE W.P WITHOUT COSTS. /)- 'L/k \tr I \o.

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