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 an appropriate writ, order or direction more particularly one in the nature of writ of trrlandamus declaring the action of the Respondent No.3 in non- following the provisions of the criminal Procedure code Section 154 (3) of cr.P.c. not 174 of B.N.S.S. and non-initiating to register the F.l.R. against the Respondent ' Nos. 7 to 19 who hatched a plan to grab the land of the Petitioner to an extent of Ac.5.00 Gts in Suruey Nos. 1 85 and 186, which is situated at Gurrala Dandi viltage, Bibinagar tu1andal, Yadadri Bhuvanagiri District and trespassed into the land of the Petitioner and attacked with deadly weapons and tried to kill Petitioner and created panic situations is illegal, arbitrary, u nconstitutiona I and violation of Articles 14, 15,21 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 154 (3) of cr.P.c. or Section 174 of B.N.S.S. Act and take the necessary action against illegal activities of the Respondent Nos. 7 to '19 by registering the F.l.R. basing on the complaint dated 28.12.2024 who are trespassed into the lands of the Petitioner to an extent of Ac.5.00 Gts in Survey Nos. 185 and 186, which is situated at Gurrala Dandi Village, Bibinagar Mandal, Yadadri Bhuvanagiri District and damaged the crops and tried to kill the Petitioner with deadly weapons. lA NO: 1 OF 2025 Petition under Section 15'1 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.3 to follow the provisions of the Criminal Procedure Code Section 154 (3) of Cr.P.C. or Section 174 of B.N.S.S. Act and take the necessary action against illegal activities of the Respondent Nos. 7 to 19 by registering the F.l.R. basing on the complaint dated 28.12.2024 who are trespassed into the lands of the Petitioner to an extent of Ac-5.00 Gts in Survey Nos. 185 and '186, which is situated at Gurrala Dandi Village, Bibinagar [\rlandal, Yadadri Bhuvanagiri District and damaged the crops and tried to kill the Petitioner with deadly weapons pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 TO 6: GP FOR HOME Counsel for the Respondent Nos.7 TO 19: -- W.P.NO: 7176 OF 2025 Between: Naga Srinivas Reddy, S/o. Subba Reddy, Aged aboui 42 Years, Occ- Bu.iness, Rl/o. Plot No.71, Vishwashreya Colony, Karmanghat, Hyderabad. AND ...PETITIONER

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

2. The Director General of Police, Telangana, Hyderabad. 3. The Commissioner of Police, Rachakonda, Rachakonda Commissionerate, Telangana State, Hyderabad.

4. The Assistant Commissioner of Police, Vanasthalipuram, Rachakonda Commissionerate, Ranga Reddy District

5. The Station House Officer, lvleerpet Police Station, Rachakonda Commissionerate, Ranga Reddy District.

6. Gopidi Sabitha, W/o. Narender Reddy, Aged about 47 Years, Occ- Business, R/c;. H.No.11-4-45411 , Venkateshwara Colony, Saroornagar, Ranga Reddy District.

7. Gopidi Narender Reddy, S/o. Janga Reddy, Aged _about 49 Years, Occ- Buiiness, R/o. H.No.1i-4-45411 , Venkateshwara Colony, Saroornagar, Ranga Redd, District' ...RESP.NDENT' 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 topleased to issue an appropriate writ, 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 provisions of the criminal Procedure code Section 154 (3) of cr.P.c. no( 174 of B.N.S.S. and non-initiating to consider the representation of the Petitioner dated I 1.02.2025 and non-initiating to register the F'1.R. against the Respondent Nos. 6 and 7 who hatched a plan to extract the money from the Petitioner and stated sweet words and sold the land to an extent of Ac.0.20 Gts in Survey No.43 which is situated at Surmaiguda Village, Abdullapurmet Mandal, Ranga Reddy District and collected Rs.35.00 lakhs and entered into the Agreement of sale and non-initiating to register the land on the name of Petitioner and cheated the Petitioner is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.3 to follow the provlsions of the Criminal Procedure Code Section 154 (3) of Cr.P.C. or Section 174 of B.N S.S. Act basing on the representation dated 11.02.2025 and take the necessary action against the Respondent Nos. 6 and 7 by registering the F.l.R. who hatched a plan to extract the money from the Petitioner and sold the land to an extent of Ac.0.20 Gts in Survey No.43 which is situated at Surmaiguda Village, Abdullapurmet Mandal, Ranga Reddy District and obtained Rs.35.00 Lakhs as advance from the Petitioner. lA NO: 'l 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 3 to fotlow the provisions of the Criminal Procedure Code Section 154 (3) of Cr.P.C. or Section 174 of B.N.S.S. Act basing on the representation dated '1 1.02.2025 and take the necessary action against the Respondent Nos.6 and 7 by registering the F.l.R. who hatched a plan to extract the money from the Petitioner and sold the land to an extent of Ac.0.20 Gts in Survey No.43 which is situated at Surmaiguda Village, Abdullapurmet Mandal, Ranga Reddy District and obtained Rs.35.00 Lakhs as advance from the Petitioner pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos-1 TO 5: GP FOR HOME Counsel for the ResPondent No.7: - / w.P .NO: 7205 OF 2025 Between: SiraiKhatoon.W/ot\/ohdNazeerKhan,Rep.byherPowerofAttorneyMr. Abd'ullah Bin Abdul Khader Al Kurbi S/o. Abdul Khader Bin Abdullah Al Kurbr' nq"J.-+g y"jri, O"". Business, No.3-5-78214' King Kothi, Parda Gate' Hyderabad-500029. T-S ...'ETIT'ONER AND Ranga ReddY Dist. lr,4edchal-l\/alkajgiri Dist. Maheshwaram, Ranga ReddY Dist. Secretariat Building, Secretariat, Hyderabad. l.TheStateofTelangana,HomeDepartment,Rep.byitsPrincipalSecretary, 2. The Commissioner-of Police, Rachhkonda Commissionerate, Neredmet' 3. ihe Assistant i6mmissioner of Police, Maheshwaram Division, +. ine Siation House dfficer, M-aheshwaram Police Station, Maheshwaram' s. r_JteEi xrran,',s/o Late Ameer Khan, Aged about 46 years, O_cc. Business, Rl/o 2-2t312, Na'garama Village, Maheshwaram .Mandal, Ranga Reddy^Drst' 6 Rah;;m Klian, S/o Latdnmeer Khan Aged abo.ut 48 vears' Occ Business' No 2-213t1, tttrgrrr,;iiiiirg", Iviuh"tlliriram Manddl Ranga Reddy Dist' z. niit Xnin, (han6e0 S/o LatJAmeerKhan Aged about 35 ygarq' pp B;=i;;4, an o z-zt zt l, Nagarama Village' Ir/aheshwaram tr'4andal, Ranga Reddy Dist. e c. Anli Reddv. S/o Late C Ram Reddy Aged about 67 years, Occ. Business, - 9. Ivld Naseeruddin Khan, S/o tr/d Rafiq Uddin Aged about 38 yqals' ucc;- . , Business,Rl/o1-lT,NarsingiVillage,RajendraNagarMandal'KangaKeooy Dist. nyo r3-o-+eiruNrc, Laxmi Nagar, Gudimalkapur, Hyderabad Occ Business' -s1^years, t O. Cliouse, S/o Not Known to Petitioner, Age! abo-u! Shamshabad, Ranga Reddy Dist Cell No 9640212480 t t.lsrathunnisa Beguri. w/o. [ate t\/d Afzat Khan. Aged about 431ears, occ. Housewife, R/o l9-3-525/6/1, Jahanuma Lancer, Falaknuma, charmlnar' Hvderabad-63, HYd. 12.Ail;i S-attaikr,ri.slo. Late lvld Afzal Khan, Aged about 27 y^ears,occ' - erir"ii, Fyo 1g-i-525to11, Jahanuma Lancer, Falaknuma, charminar' Hvderabad-63, 13. H;;;; Kh"toon, D/o. Late tvld Afzal Khan, Aged about 23 years'.Occ' - Strd;"i, R/. ls-l-szs,6tl, Jahanuma Lancer, Falaknuma' charminar' Hyderabad-63, 14.A6dul Rahman Khan, W/o. Late Md Afzal Khan, Aged about 22 years, Occ. Student, Ryo 19-3-525/6/1 , Jahanuma Lancer, Falaknuma, Charmrnar' HYderabad-63' ..'RESP.NDENT. 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 pleasedtoissueawrit,orderordirectionmoreparticularlyoneinthenatureof writ of Mandamus. a) the action of the respondent No.4 in not registering an FIR under Sections 316, 3'18, 338 & 340 of Bhartiya Nyaya Sanhita (BNS) against the unofficial Respondents No. I 1 to 14 and all others concerned as illegal, improper, arbitrary u nconstitutio na I and violation of Article 14, 21 of the Constitution of India. b) Consequently direct the Respondent No.4 to register an FIR basing on the report dated 29.11 .2024 forthwith and pass such other order or orders as the Honorable Court may deem fit and proper in the circumstances of the case. c) For the very same reasons pending disposal of the above writ petition this Honorable court may be pleased to permit the Petitioner to handover another copy of the Report dated. 29.1 1.2024 to the Respondent No.4 in person for the purpose of registering an FIR forthwith and proceed in accordance with law. lA 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 permit the petitioner to handover another copy of Report dated. 29-11-2024 lo the Respondent.No.4 in person for the purpose of registering an FIR for with and' proceed accordance with law and pass such other order or orders as the Honorable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI P.KRISHNA PRAKASH Counsel for the Respondent Nos.l TO 4: GP FOR HOME Counsel for the Respondent Nos.5 TO 14: - W.P.NO: 7214 OF 2t)25 Between: Sri Gade Bhooma Lingam, S/o Late Sri Gade Rajanna, Age.- 67 yrs, Occ. Business, Fl/o H.No- 11-1-181912, Maruthi nagar, Kanteshwar, Nizamabad AND ...PETITIONER

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, TS Secretariat. Hyd.

2. The Commissroner, Police Commissionarate, Nizamabad, Nizamabad District 3. The Station House Officer, Bodhan Police Station, Nizamabad District. 4. Smt Malka Lakshmi, Wo Late Sri Gangaiah Age .- 60 yrs, Occ - Agriculture. 5. Sri Malka swamy, S/o Late Sd Gangaiah Age .- 38 yrs, Occ - Agriculture R/o Rl/o H.No- 4-76, Arp camp, Yedapally(M), Nizamabad(Dist H.No- 4-76, Arp camp, Yedapally(M), Nizamabad(Dist) /

6. Sri Malka Praveen kumar, S/o Late Sri Gangaiah,A.ge 35 Yrs' Occ - " XU'i;;ii;,; ii" i,r'r"- +-ib 7. Smt Miriapuru. ,rn,nr. tiio d'i rtrf ' Sanjeev an<i D/o Late Gangaiah Age - 37 ^'P vrs, oci - House wite, wo ri,ilo-')-s-r s'a'-Flariianawada' Bodhan Town' i\tizamabad (Dist) qii Yed;parY*11 Nizamabad(Dist) ...RESPoNDENTS 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 a writ or order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos 3 for not registering FIR upon the complaint of the Petitione r dated 12-02- 2025 against the Respondent No 4' 5 ,6andTforhavingcommittedoffenseofcheatingbyproducingfalsedocumentof survey report for the land in survey for the land in survey no 439/9' survey no 439/10, survey no 439/11 and survey no 43gt12 in Pentakalan village of Bodhan Mandal, Nizamabad district extent instead of Ac 4'00 and collected money for Ac 4.08 and for registering documents to only Ac 4 00 acres and committed fraud and threatening to dire consequences of rife is ilegalry, arbitrary and against the principles of natural justice and also against Article '!4' 21' 300 and 3004 of the constitution of rndia and consequentry directing the Respondents to register the . FIR against Respondents 4,5' 6 and 7 for having committed the offence of cheating, harassment, suppression and threatening' punishable under lndian Penal Code. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct Respondent Nos.3 to register FIR upon the complalnt of the Petitioner daled 12-02-2025 against the Respondent No' 4' 5' 6 and 7 for having committed offense of cheating by producing false document of survey report for the land in survey for the land in survey no 439/9' survey no 43gl1}' survey no 439/1 1 and surveyno43gll2inPentakalanvillageofBodhanlVlandal'Nizamabaddistrict extent instead of Ac 4.00 and colected money for Ac 4.0g and for registering documents to only Ac 4'00 acres and committed fraud and threatening to dire consequences of life is illegally' arbitrary and against the principles of natural .iustice and also against Article 14' 21' 300 and 3004 of the Constitution of lndia and consequently directing the Respondents to register the FIR against Respondents 4,5.6 and 7 for having committed the offence of cheating, harassment, suppression and threatening, punishable under lndian Penal Code and pass such other order or orders as deemed fit and proper in the circumstances of the case, pending disposal of the above writ petition. Counsel for the Petitioner: Mis. P.LALITHA KAMESH Counsel for the Respondent Nos.1 TO 3: GP FOR HOME Counsel for the Respondent Nos.4 TO 7: -- W.P.NO: 7329 OF 2025 Betwee n: Smt. lr,4uthe Abhilasha, W/o Late Muthe Swamy, Hindu, aged 25 years, Occ Agriculture, Fl/o Gullakota Village, Laxetipeta Mandal, tt4anchiryal District, Telangana state-504 215 ...pETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad, Telangana State-500 004.

2. The Commissroner of Police, Ramagundam Commissionerate, Ramagundam, lvlanchiryal District, Telangana State.

3. The lnspector of Police, Laxettipet Police Station, Manchiryal District,

4. The SHO, Laxettipet Police Station, Manchiryal District, Telangana State- Telangana State-5042 1 5. 504215' ...RESP.NDENTS 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 direction particularly one in the nature of Writ of Mandamus, declaring the action of respondents, in not registering comptaint d1.18.02.2O25 and 27.02.2025 and not Seizing the Goods Carrier Vehicle No.TS 01 UB 3671 from the accused, is nothing but illegal, arbitrary and violative of Article 14, 19 and 21 of Constitution of lndia, consequently DlRECTthe respondents to register the complaint dated dt.18.02.2025 and 27.02.2025, and Seize the Goods Carriage Vehicle No.TS 01 UB 3871 immediately from the accused and return to the petitioner, in the interest of justice. IA NO: 1 OF 2025 Petition under Section '1 51 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 respondents to register the complaint dated dt.18.02.2025 and 27.O2.2O25, and Seize the Goods Carriage Vehicle No.TS 0'1 UB 3871 immediately from the accused and return to the petitioner, pending disposal of the writ petition, in the interest of justice. Counsel for the Petitioner: SRI P.VENKANNA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER I TH}:' HON'BLE SRI JUSTICE T. VINOD KUMAR / W.P.Nos. 7159 7176 7205 72L4 and,7329 of 2025 COMMON O RDER Since the grievalce of the petitioners in a-ll the writ petitions is one and the same, these writ petitions are being disposed of by this common ordcr.

2. Heard learned Counsel for the petitioners and the learned Government Pleader lor Home appearing for the ofhcial respondents ald rvith the consent of the learned counsel appearing for the respective parties, these writ petitions are taken up for hearirtg and disposal at arlm ission slage.

3. Having rega-d to the nature of lis involved and the manner of disposal, this Court is of the view that notice to unofficial respondents in all these ,.vrit petitions is not necessary for adjudication of the present Writ I)etitions.

4. Shorn of Llnnecessa-ry details, the case of the petitioners in brief is that the respondents-authorities are not following the provisions of Secrion 154(3) of thc Cr.P.C., ald Section 174 of the Bharatiya Nagarik Suraksha Sanhita (for short .BNSS,) try initialing action to regisrer I.IRs against the unoffrcial r.espondents, respectively, basing on the .ornplaints made by the petitioners, which action of the respondents ipis contended as highly illegal and arbitrary. ./' I 2

5. Per contra,learned Government Pleader for Home appearing for oflicial respondents would submit that for non - registration of FIR, the petitioners cannot invoke the jurisdiction of this Court under Artrcle 226 of thc Constitution of India in view of the decision of this Court in the case of Govind Raiu Sarzai Vs The Stdte of Teldngana and otllerst; that in the event of the respondent SHO refusing to register FIR, the petitioners have alternate remedies provided under the Code of Criminal Procedure, 1973 ot BNSS to seek redressal of their grievance; and that invoking tlle jurisdiction of this Court under Article 226 of the Constitution of India without exhausting the alternate remedies is contrar5r to lhe dicta laid down by the Hon'ble Supreme Court in the case of Sckiri Vasu Vs State o;f Uttar Prad.esh2.

6. I have taken note of the respective contentions urged and perused the record. 7 - In similar circumstances, this Court in W.P.No'24495 of 2O 19' dt.2l.O4.2O2O, W.P.No.Si89 and 1269I of 2O2O, dt.3l'OL'2024' and' also in W.P.N o.37446 of 2022 and W.P.No.38397 of 2O 19, having regard to the law laid down by a three-judge bench of the Supreme Court in M. Subro:ma:niann and. Ors. I/s. S. Janalci and Ors3, wherein the dicta laid down by the Hon'ble Supreme Court in the case ' 20r9 (4) Al.D 174 ? 2oo8 (2) scc 409 ' (2020) 16 scc 728 3 t of Sakiri Vasu'.s case(2 supra) was reiterated, categorica.lly held that a Writ of MtLndantus cannot be issued directing the respondents- authorities to re€tister an FlR/crime, even though the complaint filed indicates commission of an offence.

8. This Court. in W.P.No.S189 and 1269I of 2O2O, dt.31.O1.2024, having regard to the provisions of the Cr.P.C., had held that in the event of the Station House Oflicer not registering the crime basing on the complaint made, the complainarrt has to avail the remedy of approaching thc Superintendent of Police (for short'SPJ, and in t1-e event of the authorities, be it the SHO or the SP, refusing to receive the complaint bl, registering a FIR and undertaking investigation, the complainant has the further remedy of approaching the concerned Magistrate Court by filing a private complaint; and that on the Court being pima facie satisfied of the contents of the complaint disclosing commission ol a cognizable offence, the Magistrate in exercise of powers conferr.eci under the Cr.P.C./BNSS carr direct the officer-in- charge of thc police station to conduct investigation and submit a report. The above stated procedurcs envisage safety measures to ensure registration of a complaint, even if the SHO fails to register tl.e FIR.

9. In the facts of the present cases, admittedly, the petitioners herein did not shorv to this Court of they availing/exhausting the said remedies. I I 4

10. In view of the above, and having regard to the position of law as enunciated by the Apex Court, this Court is of the view that no direction to the respondents-authorities to register an FIR on the basis of the complaints lodged by the petitioners, respectively, can be issued. However, in the event ofthe petitioners being aggrieved by the inaction of tJle respondents-authorities in not registering their complaints, it is always open for the petitioners to avail the remedy of filing a private complaint before the concerned Criminal Court.

11. Subject to the above observations, the Writ Petitions are disposed of. No order as to costs.

12. As a sequel miscellaneous petitions pending if any shall stand closed. No order as to costs. //TRUE COPY// SD/- A. SRINIVASA REDDY ASSIS T NT REGISTRAR ECTION OFFICER To

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

2. T6e Director General of Police, Telangana, Hyderabad- 3. The Commissioner of Police, Rachakonda, Rachakonda Commissionerate, Hyderabad.

4. Tire Deputy Commissioner of Police, Bhuvanagiri Division, Rachakonda Commi6sidnerate, Yadadri Bhuvanagiri District.

5. The Assistant Commissioner of Police, Bhuvanagiri Circle, Rachakonda Commissionerate, Yadadri Bhuvanagiri District. O. ifre Station House Officer, BibinagaiPolice Station, Yadadri Bhuvanagiri District.

7. The Assistant Commissioner of Police, Vanasthalipuram, Rachakonda Commissionerate, Ranga Reddy District B. The Station Housi: Officer, IVeeipet Police Station, Rachakonda Commissionerate, Ranga Reddy District.

9. The Assistant Comniissioner of Police' [t/laheshwaram Division, Maheshwaram, Ranga ReddY Dist.

10.The Station House dfficer, Maheshwaram Police Station, lvlaheshwaram, Ranga Reddy Dist. \ I:,

11.The Commissioner, Police Commissionarate, Nizamabad. Nizamabad District. 1 2. The Station House Officer, Bodhan Police Station, Nizamabad District. 1 3.The Commissioner of Police, Ramagundam Commissionerate, Ramagundam, Manchiryal District, Telangana State.

14. The lnspeclor of Police, Laxettipet Police Station, Manchiryal District,

15.The SHO, Laxettipet Police Station, Manchiryal District, Telangana State- Telangana Stale-5042'1 5.

16. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 17. One CC to SRI P.VENKANNA, Advocate tOPUCl 1B. One CC to SRI P KRISHNA PRAKASH, Advocatb tOpUCl '19.One CC to IV/s P.LALITHA KAMESH, Advocate IOPUCI 20.Two CCs to GP FOR HOME, High Court for the State of'Telangana, at Hyderabad. [OUT] 21 . Two CD Copies PSK. GJP b I HIGH COURT DATED:1010312025 / \ I COMMON ORDER WP.Nos.7 159, 7 176, 7205, 7214AND 7329 oI 2025 I I 1t{E STAT e' k t d 24t{Aflzgzs , 7 C, t Dg5n61Cs gC DISPOSTNG OF THE WRIT PETITIONS WITHOUT COSTS €g.{o W