The High Court · 2025

Judgment

1. The State of Telangana, ReP Secretariat, HYderabad. by its Principal Secretary, Home Department' ...PETITIONERS. 2 The Commissioner of police, Rachakonda Commisionerate The station House officer, Kushaiguda. Police station' Rachakonda Commissionerate. il'issif li"'',l,J}fl :,[lsyFifl .y&f,i"'lyfl ::',j"[#:",*#'iil$3"3:'[''"' I:,1'391181:-",3/"*I33l"f X;*g?:d,'fi'"i"l"ff "';;,?:iiuJilli'iia'H3' il;l;huLl\6'kujgiri District, Telangana state' L"!'frJil,?J#fl ff 'oHft :l:.11t8:iilbii,'"!i':"Iifl lLffi 'li'Al3x/; ijnJJE ri,"dlirlirib|.lo-J, rt'r'itdar-r/liri'a;glri District'relansana state' ...RESPONDENTS 3 4 6

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus to direct the respondent No'2 to appoint an 'enquiry officer and monitor the inv:sti,qation basing on the petitioners complaints , dt.24_01_2025, 03_ 01'2025 pendir g berfore the respondent No.3 porice station and consequentiary direct the resp.ndent No.3 to register the criminar case againsr the respondent No'5 and 6 to f Ie lirrar report before the concerned court for fair and transparent investigation for true Iines lA NO: 1 oF 20r'.5 Petition u rder section r51 cpc praying that in the circumstances stated in the affidavit file i in support of the petition, the High Court may be pleased to direct the respcndent No.3 to recover the Fast Food Centre articles worth of Rs.4,00,0001(Rupees Four Lakhs) from the respondent No.5 and 6, on 24.01 .2025 ther r espondent No 5 and 6 are broken the shutter and entire articles are taken away through DC tr,/ Vide No.TS '12 UA 6640 the photographs and video recording its sh,)ws that the behavior of the respondent No.5 and 6, pending disposal of main Wr-it petjtic_rn. 4: IA NO:2 oF 202ii Petition uncer rlection 151 cpc praying that in the circumst,ances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the respc'n lent No.3 to register criminar case against the respondent No.5 and6 basing on ;omplaint lodged by the petitioner, d1.24_0 j -202,j, 03_01_2025, Pending disposal of rnain Writ petition. Counsel for the petitioner : SRI VEERA BABU GANDU Counsel for the Respondents No.1to3 : Gp FOR HOME Counsel for the Respondents No.4to6 : The Court made flre following: ORDER -_ THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIO N No.3 L79 0F 20.25 oRDER: Heard learned counsel for the petitioners' learned Assistant Government Pleader for Home for the ofhcial respondents and perused the entire material on record' 2. The instant writ petition is hled by the petitioners seeking to issue mandamus to the respondent No'2 to appoint gnquiry officer and monitor the investigation basing on the complaints made by the petitioners on 24.O1.2025 and 03'OL'2025' pending before the respondent No.3 and consequently' direct the respondent No.3 to register criminal case against the respondent Nos.S and 6 to file final report before the concerned Court for fair and transparent investigation' 3. As per the contents of the writ affidavit' the petitioner Nos.2 and 3 are tenants of the rebpondent No.5 premises bearing Piot No'69/A situated at MRR Colony, Kushaiguda, Mechal-Malkajgiri District and there is a dispute between the petitioners and the ) a respon lerr: No.5. Consequently, the petitioner s hled a comp.la int against the respondent Nos.S and 6 to the respor-rrlent No.3_police on 03.01.2025. In spile of the said co npl,lint, the respondent No.3 has not rr:gistered the crin inal case against the respondent Nos.S ared 6. In vrew of th,_. same, the petitioner filed the instant writ petition ser:king to register a criminal case against respondent Nos.S and 6 and to rssue a direction to the responrft nt lVo.2 to conduct enquiry for non_regir;tration of crimin il <:rrse against the respondent Nos.5 and 6. 4. On the other hand, learned Assistant Gover.nment Pieader fr rr l[ome submitted written instructions issued on 04.Ot',.2025 by the respondent No.3 anrl also produced tht: copy of FIR registered under Crime ltro.103 of 2025, caterl 03.02 .2025 on the file of the KushaLiguda Police Starion Rachakonda District. The said crirr e was regisJere<l against the respondent Nos.S and 6 ,nder Sections 115(:2), 352, 351 (2) of the Bharatiya }{yaya Sanhitha, 20123. In view of registration of crime, the cause in th : u-r.it petition does not survive. 1 \ \ i I I

5. The leaned counsel for the petitioner vehemently argued before this Court that the respondent No'2 has to appoint the enquiry ofhcer and monitor the investigation basing on the complaints made by the"petitioners and shal1 recover the amount worth of Rs'4'OO'0OO/- (Rupees Four lakhs only) from the respondent Nos'S and 6. The said contention of the learned counsel for the petitioner is not acceptable, as the petitioners have not made any representation to the respondent No'2 about the inaction of respondent-authorities and insisting to recover the amount cannot be permitted in the instant writ petition and the same is beyond the main prayer' The same has to be decided by the competent Court' but not in the writ petition filed under Section 226 of the Constitut ion of India' In view of the submissions made by both sides and 6. the fact that basing on the comPlaint made bY the petitioner, crime has already been registered by the respondent No.3. ln view of the same' the cause of action in the writ petition does not survive' -/ 4 7 . l\c cor-rlingly, the writ petition is dismissed as infructr_ ous. There shall be no order as to costs. I\rli scellaneous petitions pending, if any, shall stand cio sed \ //TRUE COPY// ASS rr SD/-N. SRIHARI NT REGISTRAR \ To, 1 2 3 One CC to SRI VEERA BABU GANDU, Advocate lOPUCl TwoCC;to(iPFoRHoME,HighCourtfortheStateofTe|angana.[oUTl SE:CTION OFFICER \ L Two CD Cocies. BSK i,A- GJP i I t. t; t1 i l I I I I HIGH COIIRT DATED:0-7102t2025 ORDER WP.No.31i'9 of 2O2S ,l -' I\,I U * o !s P,\i z o 2[?5 * DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITH OUT COSTS ?- JtL 1>