Hadi Ah Moosavi v. The Commissioner of Police, Hyderabad city police, Basheerbagh
Case at a glance
- Bench
- N TUKARAMJI
Outcome
Dismissed
accordingly, this petition is dismissed as infructuorr
Provisions considered
- Indian Penal Code, 1860 ss. 180, 380, 427
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 55. Flaving regard ro the development rr rrspired after registration of crime and as the crime itself has be,r r dismissed, the contest raised by the petitioner has becom.: desolate and accordingly, this petition is dismissed as infructuorr . There shall be no order as…
Judgment
Cause title
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 any writ or direction more particularly one in the nature of Writ of lvlandamus declaring the action of the 4th respondent in registering the crime No.170/2016 for the offences under Section 380 and 427 IPC without there being any material to attract the said offences as illegal and arbitrary and consequently set-aside the said crime l.A. NO: 1 OF 2016 (WPMP. NO:50027 oF 2016) 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 --- --- srAY all further proceedings including arrest of the petitic rer in FIR No..l 70 of 20'16 on the file of I\,4ir chowk police Station pending dispor,r I of the writ petition l.A. NO: 1OF 2017 (M/VMP. NO: 393 0F 2017) Petition under Seclron 151 cpc praying that in the ci cumstances stated in the affidavit filed in support of the petition, the High courl , ry be pleased vacate the interim order granted in Wp No.406 j 2 of 2016 daLed 2-: 12O16 Counsel for the Petitioner : SRI SYED JAFFER ABBAS N ! DEEM Counsel for the Respondent Nos. 1 to 4: SRI R. LAXMIKA| TH REDDY, AGp FOR HOME Counsel for the Respondent No. 5 : --. The Court made the following: ORDER I THE HONOURABLE SRI JUSTTCE N.TUKARAMJI WRIT PETITION No.40612 OF 2016
ORDER:
This \fnt Petition is filed under Article 226 of C-onstitution of India seeking the following relief/s:- I I I l "... to issue any writ or direction more panicularly one in the nature of Writ of Mandamu declaring t-he action of the 4th respondent in registering the crime No 170/2016 for the offences under Section 180 and 427 IPC without there being any material to anracr the said offences as illegal and arbitnry and consequently sct aside the said crirne and pxs such other order...."
FIeard MT.SJA Nadeem, leamed counsel for the petitioner and lv{r.Rlaxmikanth Reddir, leamed fusistant Govemment Pleader for Home appearing for respondent Nos.1 to 4.
Leamed counsel for the petitioner contended that registration of crime agairut the petitioner, without there being any material, the present petition was filed seeking direction to the respondents.
Leamed Assistant Govemment Pleader for Home submits that after registration of crime and due investigation, final report was filed on the file of WII Additional Chief Meropolitan Magistrate, Hyderabad on 12.12.2017 refering the matter as -- "mistake of fact", thus, the cause does not suwive. 2 I l, i i I I i
Operative part
Flaving regard ro the development rr rrspired after registration of crime and as the crime itself has be,r r dismissed, the contest raised by the petitioner has becom.: desolate and accordingly, this petition is dismissed as infructuorr . There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall s _and closed. //TRUE COPY// SD/.A,F.. ;. GOWRI SHANKAR ASS ISTANT REGISTRAR \\ \I I ' sEcroN oFFrcER ir,J -f One CC to SRl. SYED JAFFER ABBAS NADEEM, AC\ )cate tOpUCl 'Tetangana. Two CCs to GP FOR HOME, High Court for the Stab c Two CD Copies [OUT] To, 1 2 3 PVL BS HIGH COURT DATED:2210812025 r o(J '9 1 S A? l * l t )ll/,! P t -:.;/ ORDER WP.No.40612 ot 2016 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS a
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: accordingly, this petition is dismissed as infructuorr
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 180, 380, 427; Code of Civil Procedure, 1908 — s. 151.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.