✦ High Court of India · 25 Apr 2025

High Court · 2025

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Bench
Not available
Length
1,074 words

Petition under r\rticle 226 of the Constitution of lndia pray ng that in the circumstances statec in the affidavit filed therewith, the High 3ourt may be pleased to issue an ap,propriate Writ or Order or Direction more particularly one in the nature of WRIT OF IVIANDAMUS declaring the action of the Respondents No.2 to 4 more particularly Flespondent No.4 not taking action upon the ccmplaint of the Petitioner dated 27 .03 .202 5 and not registering Crime against tht: Respondents No.5 to 10 as illegal arbitrary in violation of principles of natural justice and in violation of Articles 1tl and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondent No.4 to take acti tn against the Respondents No,5 to l0 by way of registering FIR basing on the c tmplaint dated 27.03.2025 lodged by i.he Petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumsttrnces stated in the affidavit filed in sL pport of the petition, the High Court may be pl :ased to direct the Respondent No.4 to take action against the Respondents No.51o 10 by way of registering FIR basingr on the complaint dated 27.O3.2025 lodged by the Petitioner, pending disposal of ther Writ Petition Counsel for the Petit oner: SRl. M A K MUKHEED Counsel for the ResF,ondent Nos.1 to 4: GP FOR HOME Counsel for the Resp,ondent Nos.5 to 10: -- The Court made the lollowing: ORDER 't'. ORDER: THE HON'BLE SRI ]USTICE T. VINOD KUMAR Writ P ition No.12662 ol 2025 Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.i to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficial respondent Nos.s to 10 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that he has approached the respondents-a uthorities and submitted a complaint/representation dt.27.03.2025; and that in spite oF the foresaid complaint lodged disclosing the commission of cognizable offence, no action is taken thereon till date by the authorities by registering an FIR, which action of the respondents-authorities it is contended as highly illegal, arbitrary and contrary to the procedure prescribed under BNSS.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.l- to 4 would submit that the 4th respondent authority on receiving the complaint of the petitioner dt'27.03.2025, made 2 .{ :.rl .a': a GD entry and after causing preliminary enquiry and firding that the petitioner as a counter brast to the case registered against lim vide crime No.B0 of 2t)25 dt.24.03.2025, having lodged the aforesaid complaint, closed the same and informed the petitioner, vi le intimation dt.Os.O4.2O2t sent through registered post.

5. Learnr:,J Government pleader further submits that as the respondents- a uthorities after causing preliminary enqr jry into the complaint made by the petitioner informed him of the action taken thereon, if I-e is aggrieved by the said intimation, has tc avair further remedies unc e:r BNSS. 6 I have taken note of the respective contentions urged

7. Having regard to the fact that the responde nts-- uthorities on receiving the complaint dt.27.03.2025 made by the pe:itioner after causing prelirinary enquiry, having issued intimation d..05.04.2025, informing tha'. a case has already been registered against ihe petitioner herein vide Crime No.Bo of 2025 dt.24.O3.ZOZ5, wherein t1e petitioner herein is array,e:d as accused, this Court is of the view t.hat t he petitioner has to avail irrther remedies under BNSS, if he is aggri :ved by the aforesaid intirration. B Granting liberty as noted hereinabove, the Writ petitior is disposed Of. No order as t.o costs. f*' 3

9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.T.TIRUMALA D DEPUTY REGIST R SECTION OFFICER The Principal Secretary, Home Department, Secretariate, Hyderabad The Superintendent of Police, Sangareddy, Telangana State The Deputy Superintendent of Police, Zaheerabad, Sangareddy, Telangana State The Station House Officer, Zaheerabad Town Police Station, Zaheerabad Mandal, Sanga Reddy District One CC to SRl. M A K MUKHEED Advocate [OPUC] Two CCs to GP FOR HOI\/E ,High Court for the State of Telangana. [OUTJ Two CD Copies To, 1 2 J 4 5 6 7 KKS LS HIGH COURT DATED:2510412025 i ?' ,. ORDER , €(4 .$ \ l

1., ]", i .i: .\ \rS$ WP.No.12662 of 2025 -\:- 'rl + DISPOSING THE WRIT PETITION WITHOUT COSTS Lo - --) / -.-- ID,\

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