✦ High Court of India · 28 Jan 2025

High Court · 2025

Case Details High Court of India · 28 Jan 2025
Court
High Court of India
Decided
28 Jan 2025
Bench
Not available
Length
1,048 words

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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in non-following the ...:.RESPONDENTS provisions of the Criminal Procedure Code Section 154 (3) of Cr.p C. nor 174 of B.N.S.S. and non-initiating to register the F.l.R. agarnst the Respondent Nos. 6 to 8 who hatched a plan to kill the Daughter of the petitioner by name Gadhe Madhavi by injecting lhe chloroform and hatched a plan to extract the assets and properties is illegal, arbitrary, uncon stitutio na I and violation of Articles 14, 1s,21 and 300-,4 of constitution of lndia and also violation of principles of Natural Justice and consequently direct the Respondent No.3 to follow the provisions of the criminal Procedure code Section i 54 (3) of cr.p.c. or section 174 of B.N.S.S. Act and take the necessary action against the Respondent Nos. 6 to B by registering the F.l.R basing on the complaint dated 2g-1 1-2024 who are hatched a plan to kill the daughter of the petitioner Gadhe Madhavi by injecting the Chloroform ln jectio n. I.A.NO:1 OF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petiilon, the High court may be pleased to direct the Respondent No.3 to follow the p.rovisions of the crimrnal procedure code section 154 (3) of cr.P.c. or section r 74 of B.N.s.s. Act and take the necessary action against the Respondent Nos- 6 to B by registering,the F.l.R. basing on the complaint dated 28-1 1-2024 who are hatched a plan to kill the daughter of the Petitioner Gadhe Madhavi by injecting the chloroform lnjection pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 5 : SRt M.SRINIVAS, AGp FOR HOME Counsel for the Respondent Nos.6 to 8 : - The Court made the following ORDER / THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.2239 OF 202s ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.5 the Station House Officer, Ameenpur Police Station, in not registering the First lnformation Report (FIR) on the complaint of the petitioner dated 28.11.2024 against respondent Nos.6 to 8, as being illegal and arbitrary.

2. Heard Mr. Rapolu Bhaskar, leamed counsel for the petitioner and Mr. M. Srinivas, leamed Assistant Government Pleader for Home.

3. Learned Assistant Government Pleader for Home, having received written instructions dated 27 .01.2025 from the Sub-lnspector of Police, Ameenpur Police Station, submitted that on

25.12.2024, respondent No.6 (son-in-law of the petitioner) came to the Police Station and lodged a complaint stating that his wife i.e., Mrs. Gade Madhavi, was missing from his house at Bhavana Homes, House No.32, Ameenpur, since 12.12.2024 and requested to trace out her. Based on the said complaint, an entry in General 2 Diary (G.D.) rvas made by respondent No'5 and the Sub-lnspector of Police contacted the wife of respondent No.6 to her mobile No.9989958653 given by respondent No.6. She stated that she left Hyderabad on 11.12.2024 by flight and reached United States of America (USA), staying at her sister's house and pursuing her higher studies.

4. She further stated that after completion of her education, she would rehrm to her home and stay with her husband. She has sent Whatsapp chats and flight tickets to the mobile of the Sub-[nspector of Police, Ameenpur Police Station. [n view of the above, the missing complaint given by respondent No.6 was closed as false. The allegations made by the petitioner in his complaint dated

28.11.2024 are absolutely false and baseless. On the same day i.e',

25.12.2204,the Sub-Inspector of Police, Ameenpur Police Station, informed the petitioner about her daughter over his mobile phone. 5 A copy of written instructions is served on leamed counsel for the petitioner

6. In viev', of the aforesaid submissions of the leamed Assistant Government Pleader for Home, no further orders are required to be 3 passed in this writ petition. Accordingly,l the writ petition is disposed of, granting liberty to the petitioner to avail appropriate legal remedies' if aggrieved by the closure report. There shail be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPYII SD/-B. SARASWATHI ASSISTANT REGISTRAR SEC ON OFFICER To

1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, State of Telangana at Hyderabad.

2. The Director General of Police, Telangana, Hyderabad. 3. The Superintendent of Police, Sangareddy, Sangareddy District. 4. The Deputy Superintendent of Police, Patancheruvu Division, Sangareddy District.

5. The Station House Officer, Ameenpur Police Station, Sangareddy District. 6. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] B. Two CD Copies SA GJP I l I HIGH COURT DATED:2810112025 ORDER WP.No.2239 of 2025 1t+E llTAr6 ( o () [3 FEB 2025 o .L I ,r'c DISPOSING OF THE W.P WITHOUT COSTS. tDtn' w

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments