KPHB Colony, Hyderabad 'lO v. Prameela Rani, Wo. K.V. Employee, R/o MtG
Case Details
Acts & Sections
11. Sri Bhujanga Rao, S/o. Not known to_the petitioners, / ge. Major, Occ. , #fi"" (rtaf-prffy Commissioner of police, Kukatpally, R/o. 'C/o. -ACp District Asst RR
12. Sri D. Mahesh, S/o. Not known to the petitioners, Age lr ajor, Occ. SI ofpolice, KPHB. Potice Station Kukatpa y, RR District
13.Sri T- SIidhar, S/o. Not known.to the petitioners, Age. t4 rjor, Occ. St ofpolice, KPHB. Police Station Kukatpatty RR Diskict 14- Sd Srikanth Goud, S/o. Not kn-own to the pelitioners, I ge. Ivlajor, Occ. C. I ofpolice, KPHB, potice Station Kukatpaily RR Daiiici -'
15..Sri Sudhershan Reddy, S/o.Not known to the petitioners Age. Major, Occ. C. l_9f police Cyber Crimes Cyberabad co.riiiioneia. ai Ca"riiOo*ri-irC District
16. Sri.Vijayawardhan Reddy, S/o. Not known to the petitio I ,rs, Age. Major, Occ. S. I of police, Cyber Crimes CyberabJd Com,ni'i"rii,*,r : at dachiO6wti,-nil District
17. Sri Sidrt-eshwar. (unidentified. person ), S/o. Not known t: the petitioners, Age. -i Major, Occ. Not known to the petitioners, Cirm,niisi, ,. :'. o,f police oiTlcE Cyber Crimes police Station, Cyderabad Cormisiion"it :, at CacniOowti, ni District. ...RESPONDENTS Petition under Atticte 226 of the Constitution of lndi: praying that in the igh Court may be order or direction circumstances stated in the affidavit filed therewith, the I pleased toto issue a Writ of Mandamus or any other Wri declaring the high handed action of the respondents No. 11 117 in the capacity of respondent No.4 to 7 foisting the false, frivolous, fabricat: i series of cases in routine manner with the influence of the respondent No_ g r 10 is as arbitrary, improper, illegal, injustice, abuse of process of Law, violatir 1 the natural justice and personal liberty guaranteed by the Article 21 of cons r ution of lndia with Consequential relief as call for the records pertaining to th,) foisting false case registered by the police under influence and for settlement tl ) matrimonial case under guise of FtR No. t52 of 2O1t Dated. 09.06.2017 pS KI) 18, U/S 354-D tPC is decrare as irtegar nuI and void and as foisted farse case as i buse of process of law non- esl of Law, Further direction to the respondent I,r ).2 to take proper action as per the representation Dated.5-3-201g against the Ilespondents No_ g to '17 while according protection to the petitioners from the res )ondents including foisting /registration of further false series of cases. lA NO: 1 OF 20 18 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 stay of all the proceedings of investigation in FtR No. 7s2 of 2017 Dated. 09.06.2017 PS KPHB, U/s 354D rpc incruding arrest and foisting /registration of further farse series of cases, pending disposal of the above writ petition. counsel for the Petitioner: MS G.v.s.SRUTHr, REp sRr. G L NARASTMHA RAo Counsel forthe Respondents No 1 To 7: SRI D. PRADEEP, AGp FOR HOME Counsel for the Respondent No g To 17: -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKAl 1AMJI WRIT PETITION No. 10583 OF 2018 ORDER: This Writ Petition is filed under Article 226 of |r : Constitution of lndia seeking the following relief "...1o lssue a writ, order or direction more pafticularlt nature of writ of mandamus declaring the high hanoe the respondents No. 11 to17 in the capacity of respcr to 7 foisting the false, frivolous, fabricated serles c routine manner with the influence of the respondent At( as arbitrary, improper, illegal, injustice, abuse of proct violating the natural justice and personal libefty gut the Afticle 21 of constitution of lndia with Consequer t call for the records peftaining to the foisting false case by the police under influence and for seftlement the r case under guise of FIR No. 752 of 2017 Dated.09.l KPHB, U/S 354-D IPC is declare as illegal null art asfolsfed false case as abuse of process of law non-s Further dtrection to the respondent No.2 to take prope per lhe representation Dated.5-3-2018 against the Re No. 8 to 17 while according protection to the petitione respondents including foisting /registration of fufther f of cases and to pass. . ." one in the 1 action of Tent No. 4 ' cases rn 8to10is ss of Law, anteed by al relief as registered ratrimonial i.2017 PS void and ;t of Law , ' action as spondents s from the y'se series
2. Heard Ms G.V.S.S.Sruthi, learned couns: representing l\Ir.G.L.Narasimha Rao, learned counsel for the petiti:1ers and Heard Mr.D Pradeep, learned Assistant Government plei der for Home appearing for respondents No.1 to 7. 3 Learned counsel for the petitioners sul) nits that the respondents/police authorities registered Crime No. 7lj I of 2011 under the influence of the unofficial respondents, and as th€\ are pressuring 2 the petitioners to reach a settlement in the said crime, the present petition has been filed seeking appropriate directions.
4. Learned Assistant Government Pleader for Home submits that, upon completion of the investigation in Crime No. 752 ol 2017 ' a charge sheet was filed, and the case has been taken on file as Calendar Case No. 512 of 2021 before the learned XVI Additional Judicial Magistrate of First Class, Kukatpally. The matter is presently pending trial. Therefore, the contention of the petitioners no longer survives for consideration.
5. I have perused the material available on record
6. The contention of the petitioners is that a false case has been foisted against them. However, the development reported by the learned Assistant Government Pleader clearly indicates that the investigating agency, after due investigation, found a prima facie case warranting trial, filed a charge sheet, and that the competent Court has taken cognizance and framed charges. This sequence of events demonstrates that there exists sufficienl prima facle material to proceed with the trial, and hence, the allegation of a false case being foisted is unfounded.
7. ln view of the above factual position, while reser\ ng the right of the petitioners to avail appropriate remedies and ra s e all available defences in accordance with law before the trial tl rurt, this Writ Petition is disposed of. There shall be no order as to cos ts Pending miscellaneous applications, if any, shall s:and closed. ,# /r \ ! i, OSMAN ALI BAIG I ITANT REGISTRAR 'i\ sLcrror.r oFFtcER //TRUE COPY// To, 1 The Principal Secretary (Home) Department State of T ) lngana' Secretariat Hyderabad
2. The Commissioner of Police Cyberabad, Cyberabad col missionerate' at Gachibowli, RR District "Jmmissioirerate j The Deoutv Commissioner of Police, Madhapur Zone' O 'berabad ' at Gachibowli, RR District 4. The Assistant Commissioner of Police, Kukatpally' Cyb: abad atKukatpally, RR District 5. The Station House Officer, K.P.H B Police station' Cyt e 'abad "orrni"tion"rate commissionerate RR District 6. The Station House Officer, Mi commissionerate at MiYaPur, yapur Police station, CYb r abad RR District
7. The Station House Officer, Cybercrimes Police station' t ;yberabad Commissionrate, at Gachibowli, RR District
8. One CC to SRl. G L NARASIMHA RAO Advocate [OPt C] g.TwoCCstoGPFoRHoME,HighCourtfortheStatec.Telangana'[oUT]
10. Two CD Copies BSK W HIGH COURT DATED:31 11012025 ORDER WP.No.10583 of 2018 .: F l{t s ( c o(J 1 l'1 /\q 2t]2[ r\ t f * DISPOSING THE WRIT PETITION WITHOUT COSTS V v