✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,008 words

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 order or direction more particularly one in the nature of Writ of Mandamus directing the Respondent 3, to file a First Information Report (FlR) on Respondent No 5 to B, based on complaint given by the petitioner on 17.02.2025,18.02.2025 and 19.O2.2O25, Respondents 't to 4 not register FIR and drag the investigation is arbitrary, unconstitutio nal, violative of principles of natural justice and against the provisions of the Constitution of lndia and consequently dire:c1 .he Respondent 3 to file a First lnforrnation Report based on the Complainant g ivr: n lA NO: 1 OF 202!l Petition rrde ,r Section 151 CPC praying that in the ci'cun stances stated in the affidavit iilr",l iq sgpp6rl of the petition, the High Cord may be pleased to give an order c r I irection to the Respondent No '1 :rr 4 to provide police protection to th3 P..t tioner and his family members who a'e stay€d at Kundaram (Village), Lingalagarzrpurarn (Mdl), Jangaon Dist, pendinrT d spo;al of the main Writ Petition Counsel for the Pelitioner: SRl. RAMESH SHANIGARAM Counsel for the, fle:;oondent Nos. 1to4: GP FOR HOME Counsel for the Respondent Nos. 5to8: The Court made tho following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 8O13 of 2O25 ORDER: None appears for the petitioner. Heard learned Government Pleader for Home appearing for respondent Nos.1 to 4, and perused the record.

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.5 to 8 is not necessary for adjudication of the present Writ Petition,

3. The case of the petitioner, as set out in the writ affldavit, in brief, is that though he had approached the respondents- authorities and submitted representations, dt.17.O2.2O25,

18.02.2025 and 19 .O2.2O25, no action is taken thereon by registering the FIR against the persons named in the aforesaid complaints, which action of the respondents-authorities, it is contended as highly illegal and arbitrary.

4. Per contra, learned Government Pleader appearing on behalf of the respondents submits that the authorities on receipt of the complaint, dt.19.O2.2O25, tried to call/contact the petitioner to cause preliminary enquiry into the contents of the said complaint; 2 and that .he petitioner did not respond to thc calls rr ade by the responder r ts; r uthorities.

5. Lr:a rnei Government Pleadcr further t;ubmitr that the responde;rtsr . uthorities have also received a sintilar compiaint from th: pcti:ioner's nephew on 06.03.2025 zLrd the authonties after cau ;irr13 preliminary enquiry into the cc ltte]nts rf the said complai'.It har,e closed the same as "civil in naturc"

6. Le a"n:l Government Pleader further r;ubmtt: that the respond sr L t: - a uthorities have also caused prelirr.ina ry (nquiry into the cor Lt':n -r; of the complaint lodged by .he pr: 1dens1 6n 19 .02 .2t)i . e r Ld thereafter closed the same as "le tcll of ,: ,,idcnce" on

16.o3.2()2) 5. 7 . Lc a -n : I Government Pleader further s;ultmits that the re spondel rt-. - a u thorities on closing the aforesairl comp aint of the petition(:r a r 'lack of evidence" on 16.03.2025, h:Lvc rlso issued notice .o I 1r: petitioner by serving the szL.nt in . person on

20.o3.2025

8. I tra rrc: ':Lken note of the respective submissions m rde.

9. HzrvinS r'egard to the submissions made as ab:ve ind in view of the afcr e..:iC submissions made and taking rote of l.lre fact that the resp cr r d: n ts-authorities having taken action on thr complaint 3 of the petitioner by causing preliminary enquiry and thereafter closing the same as 'lack of evidence", this Court is of the view that if the petitioner is aggrieved by the aforesaid course of action has to avail further remedies provided under BNSS.

10. Granting liberty as noted hereinabove, the Writ petition is disposed of. No order as to costs.

11. Consequently, miscellaneous petitions, if any, pending shall stand closed. SD/. .MALLIKARJUNA RAO SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Commissionerate,Jangaon District

1. The Secretary, Home Dep artment, Secretariat, H erabad, Telangana State 2. The Commissioner of Police, Warangal Police Commissionerate, Hanamkonda District 3. The Assistant Commissioner of Police (ACP), West Zone,Warangal Police 4. The Station House Officer (SHO), Lingala Ghanpur Police Station, Warangal 5. One CC to SRl. RAIUESH SHANIGARAIU, Advocate IOPUC] 6. Two CCs to GP FOR HOME,High Court for the State bf Telangana at 7. Two CD Copies Police Commissionerate,Jangaon Dist -506303 Hyderabad [OUT] B M /BSK I HIGH COIJRT DATED:2910412025 ORDER WP.No.8013 of 2025 '-'1\tt '; ( 1+( Z :) O LL 't(t \\r \ 'lll Jljr 2m -! * -\:: :PA' . H r-g .9e r DISPOSING OF THE WRIT PETITION WITHOUTC,OSTS /oq {t /'/ /3//

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