✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Bench
Not available
Length
1,048 words

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.5 to conduct the detailed enquiry and investigation in crime No. 261 of 2024 for the offences under section 354D, 504, s06 r/w. 34 lpc dated 13.07.2024 on the file of Suryapet rown police station, suryapet D strict and take the necessary action against the Respondent Nos. 6 and 7 who po,.ted the videos and photos in social media and caused for damage to the petilioner pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.1 TO 5: Gp FOR HOME Counsel for the Respondent Nos.6 & 7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR w.P.No. 7699 of 2O25 OR DER Heard learned Counsel for the petitioner' learne-d Government Pleader for Home appearing for the ofhcial respondent Nos. 1 to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disPosal at admission stage'

2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent Nos'6 & 7 is not necessary for adjudication of the present Writ Petition'

3. The case of the petitioner, in brief is that though the 5m respondent-authorities have registered a case uide Cr.No.261l2024, dt.L3.O7 '2024, against. the unofficial respondent Nos.6 & 7, they are not initiating further action against the said respondents, which action of the respondents-authorities it is contended as highly illegal, arbitrary, unconstitutional and in violation of Articles 14, 15 & 21 of the Constitution of India' with a consequential direction to the respondents to conduct detailed enquiry/ investigation into the aforesaid crime registered' 2

4. Per con.tro, learned Government Pleader for Home appearing for official respondents submits that pursuant to the complaint lodged by the petitioner, the authorities have register,:d a case, uide Cr .No.26 I 2024 , and thereafter, had issued a nc tice under Section 160 ol Cr.P.C., dt.19.O2.2O25 to the petitioncr and the same was retu rred unserved.

5. Learned (lovernment Pleader would further submit that the authorities, in the meantime, have examined two (O2) witnesses in the aforesaid ,t rime registered, and since, the petitionr:r did not come forward .o provide further information, the authorities could not take up tl're investigation into the matter, and as such the investigation rs reld up without any progress

6. I have ta<en note of the respective contentions urgt,d. 7 . Since, th: respondents authorities claim to ha r.e issued notice, d1.19 .(t'.2.2025 under Section 160 of Cr.P.C., to the petitioner to prc duce witnesses u'ithin a period of three (O3) days, and the said nctice sent by registered post having beerr returned with postal endorsement 'address insufficient', the petitioner cannot claim and contend that the respondents-authoriti,:s are not conducting invr:stigation into the aforesaid crime. 3

8. Though the petitioner claims to be residing at the address mentioned in the complaint' as the notice issued under Section 160 of Cr.P'C', to the said address having been returned' this Court is of the view that the petitioner is to be directed to approach the respondents-authorities to collect the aforesaid notice issued within a period of one (01) week from under Section 160 of Cr'P C ' the date of receipt of a copy of this order' and produce further witnesses, if any, in connection with the aforesaid crime registered within th9 time frame mentioned in the said notice or any further time as may be granted by the said authority' Upon the petitioner producing the wrtnesses in connection with the aforesaid crime registered, the respondents-authorities shall take further action by examining the witnesses, if any produced by the petitioner, in accordance with law'

9. Subject ro the Petition is disPosecl of' above observation and direction' the Writ No order as to costs' 10 Consequently,misceilaneouspetitions'ifany'pendingshall stand closed. ,ITRUE COPY'/ .T.TIRU MALA DEVI SD, UTY REGIST RAR E SE CTION OFFICER To 1 t"t* s i HIGH COURT DATED:0 310412025 ORDER WP.No.7699 of 2025 oe 1HE SrI 14: e 1 0 APn 2025 C )c (.) ?+ t D€s n. r( Hr--o DISPOSING OF THE WRIT PETITION WITHOUT COSTS OooPr' e-. tO r

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