Gouru Venkateshwadu v. 1. The State of Telangana

'*'#'85il8:',i'Jr,i13,51i%X"'.ll5fi5iit%Xi3i",tl,33,".Tt1;3S?Asricurture' ,,. '*TjgLft'iil'.ivi{3r!l$"'$ifll;31i,f3,?f.3?it3,?J."oT'63,?fio':ricurture' , . x:t[xi"*v?H; j v "[11 5i3,ll"#fl 3:, : R:Ui"u"#!ii,3"' As r cu rtu re', Fr/o ..RESPONDENTS "n "ppropril,""*if "rO"i PetitionunderArticle226ollheConstitutionoflndiaprayinllthatinthe circumstances statecl 'rr fi" ;"fd;iiliteo frerewitn' the High court may be or direction more particula'1y one in the oleased to issue irrl action^otrhe Respondent No 6 in non- nature of Writ of Mandatil;;;; conducting the investigatioi'i" b'*" "nf"'o/ ot 2024^for the offences trnder Section 447,427,341 ,323,s00, ti*''s-a'i;'';;t"d 27.'032024 and non- initiatingtotake the necessary action agarnsi'tn" i""b""O"tt Nos' 7 to 16 who are tre:spassed into the land of the Petition;;';; J"'i''gto the- Paddv crop is ille'cal' arbitrary' unconstitutionat ano 'viotaiion'"i nru"i"i1+' ]s."zj ino 300-4 of constitution of rl"triur Justice and consequerrtly direct the tndia and also violation "t'i""iiri".'"i Respondent No.6 to t"";';i il;l;esiigation in crime No 67 of 2024 for the offences under Sectior'\ii,'iil' 241 ''323' 506' r/w 34 IPC ;'rnd take the necessary action against ti"'i""p""O"ni Nos z to 16 who are trespassed into my agriculture land and damaged my crops lA NO: 1 oF 2025 """0'"i ffi ,ni 'turnugJo Petition under Section 151 CPC praying that in the circumsta'lces stated in the affidavit filed in sr.rppori;f il" Aiti";' ine"Hign.court mav be pleased to direct in"'in'"ttig'ti*-in Crime No 67 ol 2024 lot lhe the Respondent No.6 u' offences under section ;;;:;;;' g+f iia'-soo ' rtw' 34 IPC and take the necessary action against tft"'n"t-ponJtni Nos' 7 to '16 who are trespassed into my ;;il6[ Counsel for the Petitioner: SRI' RAPOLU BHASKAR Counsel forthe Respondent Nos'1 to 6: GP FOR HOME Counsel for the Respondent Nos'7 to 16: -' The Court made the following: ORDER ;t cro;t pendins disposal of the writ Petition THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No-7224 of 2O25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 6 and perused the reco rd.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the /s involved; this Court is of the view that notice to unofficial respondent Nos.7 to 16 is not necessary for adjudlcation of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though the respondents-authorities have registered a case vide Ctime N0.67 of 2024 dt.27.03.2024, the authorities, in particular the 6th respondent, arelis not conducting investigation into the aforesaid crime and are .not taking any action against respondent Nos.7 to 16, which action of the respondents-authorities it is contended is highly arbitrary and illegal.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 6 submits that the authorities on registering the case, vide Crime No.67 of 2074 have taken up investigation into the aforesaid crime registered for commission of offences under various provisiofil 5t IPC against respondent Nos.7 to 16 herein. 2

5. LearneC Government Pleader would further submit that on \ completion o1' the investigation into the aforesaid crrme, the authorities would take further action by filing charge sheet in the matter.

6. I have taken note of the respective contentions urged.

7. The case of the petitioner as set out hereinabove is wit,t regard to the 6th respon,lent not conducting investigation into Crime No.57 of 2024 by initiating necessary action against respondent Nos.7 to 16 fc,r their acts punishable under the provisions of the IpC. If the petitioner is; aggrieved by the manner rt' investigation into the aforesaid crime registerred by the respondents-a uthorities, in particular the 6th respondent, it is a ways open for him to ava I remedies provided under law, be it under Section 156(3) of the Cr.P.C. or under Section 175(3) of BNSS, for which the E,etitioner is required to approach the concerned Magistrate. B. Admittedlv the petitioner did not seek to avail the remedies provided under the Cr.P.C. or BNSS before approaching this CoUt by filing the present Writ Petition under Article 226 of the Constitutiorr of India. Since, it is settled position of law that the Cr.p.C. is a complet3 Code by itself, this Court is of the view that the petitioner has to avai remedies provided thereunder and for the said purpose cannot irvoke the jurisdiction of this Court under Article 226 of the Constitution of India. 3

9. In view of the above, granting liberty to the petitioner to avail remedies provided to him under Cr.P.C or BNSS, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.A ASS sRtNlvASA REDDY / islaur REGISTRAR " SECTON OFFICER 'o',,. ,n" Principal secretary' Home Department' Secretariat Building' Secretariat' Hvderabad' 1fiffim*u;"1*ff*.m:m*'*= s' Av

9. Two CD CoPies t t HIGH COURT DATED:1710312025 I ORDER WP.No.7224 of 2025 ,t e J o o I $E1 STA 16 (-, 17 APi ?[6 t. I ,rr/ _/ D1.1.c1,.11-!' _--.--? DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ ;h"-