The 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 a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents No.3 and 4 in issuing requisition Proceeding in M.c No. 147t2o22 dt. 23.12.2022 Under Annexure-l in Cr. No. 34012022Uls294 (b),448, 427,506 r/w 34 tpC of Khammam_l Town Potice station and the action of respondent No.6 in binding over the petitioner Under section 1o7 cr. P.c pursuant said requisition without issuing any notice to the petitioner and without conducting any enquiry as arbitrary, illegal, unjust, unfair, unreasonable, discriminatory, contrary to the ground realities, opposed to the principles of natural justice and contrary to the provisions of the criminal i t i I t i I I t i I : : I i I ! I t I t I ! i j procedure code1973 and violation of Articles 14,21 and 300-A of the constitution of lndia and consequently to declare the procr> rdings in FIR/ Crime No. 340 0f 2022 0f Khammam-l Town Police station, Khar mam District for the offences Uls 294 (b), 448, 427, ilOG r/w 34 IPC as itlegal rnd to set aside the same FIR proceedings lA NO: 1 OF 2023 Petition under section 151 CPC praying that in the , ircumstances staled in the affidavit filed in support of the petition, the High co i t may be pleased to grant interim suspension of the Bind over Proceeding; issued pursuant to requisition of the respondents No.3 and 4 to the responrl :nt No 6 in M C No' 147t2O22 dt. 23.12.2022 Under Annexure-l in Cr. No. 340/;1 22 Uls 294 (b), 448' 427, 5OO r/w 34 IPC of Khammam- I Town Police Static'r , Khammam District against the petitioner, pending disposal of the above Writ P€ ,ition Counsel for the Petitioner: SR!. LAKSHMI KANTH Counsel for the Respondents: SRI B. SRIDHAR AGP FOtl HOME ' The Court made the following: ORDER l I I I I I I I l HON'BLE SRI JUSTICE J. SREENfVAS RAO WRIT PETITION No. 2396 of2o23 ' ORDER: This Writ Petition has been frled by the petitioner for the following relief; pleased to issue a Writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in issuing requisition Proceeding in M.C No. l4T 12022 dt. 23.12.2022 Under Annexure-l in Cr. No. 34O 12022 U ls 294 (b1,448, 427,506 r/w 34 IPC of Khammam-t Town Police Station and the action of respondent No.6 in binding over the petitioner Under Section 107 Cr.p.C. pursuant said requisition without issuing any notice to tJre petitioner and without conducting any enquiry as arbitrary, illegal, unjust, unfair, unreasonable, discriminatory, contra.ry to the ground realities, opposed to the principles of natural justice and contrary to the Provisions of the Criminal Procedure Code 1973 and violation of Articles 14, 2L and 300-A of thc Constitution of India and consequently to declare the proccedings in FIR/ Critne No. 340 of 2022 of Khammam-l Town Police Station, Ktrammam District for the offences U ls 29a (bl, 448, 427,5O6 r/w 34 IPC as illegal and ro ser aside the FIR proceedings and to pass ......."

2. Heard Mr.Lakshrnikanth, learned counsel lor the petitioneL\ and Mr.B.Sridhar, learned Assistant 2 Govermnent Pleader for Horne, appearing rn behalf of respondent Nos. 1 to 4.

3. Learned Assistant Government Pleact, r for Home submitted that the proceedings initiated by rr: ;pondent No.4 exercising the powers conferred under Section t07 of Cr.p.C. is valid only for a period of one year. By virt-ue rf the afflux of time, the said proceedings are no more in exis ence. Insofar as Crime No.34O of 2022 of Khammam I Towrr Police Station is concerned the Investigation Officer a-fr.( r conducting investigation filed a hnal report before the Sil rsqial Judicial First Class Magistrate, Mobile Court, Khamr Larn, and the sarne was took cognizance and numbered as ( r.C. No.332 of 2O23, which is pending.

4. Learned counsel for the petitioner by way of replv submitted that the petitioner may be granted iberty to avail the remedies as available under law for ser:..irrg quash of proceedings against him in C.C. No.332 of 202:\

5. The above said submission has not of oosed by the learned Assistant Government pleader for Hom: I i i i I I I 1 I i i } 3 6 Taking into consideration the above said submissions of the respective parties ald the proceedings initiated by respondent No.4 exercising the powers conferred under Section lO7 of Cr.p.C., which is valid only for a period of one year, this Court is of the considered view that by virtue of the afflux of time, the cause in the present writ petition does not survive for adjudication. 7 . Accordingly, the Writ petition is disposed of However, the petitioner is granted liberty to avarl the remedies as available under law for seeking quash of proceedings in C.C, No.332 of 2023, on the hle of the Special Judicial First Class Magistrate, Mobile Court, Khammam, by raising all the grounds including the grounds pleaded in the preserrt writ petition. No costs- Pending miscellaneous applications, if any, stand closed. SD/- P.C.SULEKHA DEVI SSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The. Principal 2. The Commissioner of Police, Khammam Town and District Office of police _SggqeJqry Home Department, Secretariat Building, TS., Hyderabad-500004. Head Quarters, Prakash Nagar, Khammam, Telangana -507003_ 3. The Station House Officer, Khammam I Town police Station. Nrzampet, 4. T-he Sub lnspectoiof Police, Khammam I Town Police Station Nrzampet, Khammam. Telanoana -507001 . Khammam, Telangana -50700't . IF / Khammam, Telangana -507003 Road, Khammam Telangana- 507002.

5. The District Collector, Khammam District, ffice of the I istrict Cotlector, Wyra 6. The Tahsildar -cum- Mandal Executive Magistrate, Khirr tmam Udran, 7. One CC to SRl. LAKSHMI KANTH, Advocate [OPUC] B. Two CCs to GP FOR HOI\i/tE ,High Court for the State c 'Telangana at 9. Two CD Copies Hyderabad [OUT] BtM TKS Nr E ! : HIGH COURT DATED:2610912025 \ \ rHE s <: /..:{-' :',) t ;tti {t)lb z : ,AT * ORDER WP.No.2396 of 2023 ,.:.J ,' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( (l p{ 2n\J'a