Smt Bandari Suvasini v. 1. The State of Telangana

8. Smt. Bandari Bhagyamma, W/o: Paul, Aged about 59 years,0cc: Housewife, R/o H.No.2-4-1 18f 25, Street No.6, South Swaroopnagar Colony, Uppal' Hyderabad - 50O 039, Telangana State.

9. Bandari Paul, S/o: Late Lazarus, Aged about 65 Years, Occ Retd. Govt. Employee, Fi/o H.No.2-4-118l125, Street No,.6, South Swaroopnagar Colony, Uppal, Hyderabad - 500 039, Telangana State. l0.Bandari Jeevan, S/o Paul Aged about 32 Years,Occ Un-employee, R/o H.No.2-4-1 18/125, Street No.6, South Swaroopnagar Colony, Uppal' Hyderabad - 500 039, Telangana State. 'l 1. S. Prem Kumar, S/o Gyanaiah Aged about 45 years, Occ School Asst, Z.P. High Sichool, Uppal, R:/o H.No.224lB, Street No.'17, Surya NagarColony, Uppal Hyderabad - 500 039, Telangana State.

12. M. Mark, S/o David, Aged about 45 Years, Occ [/ason, R/o Beside H.No.2-4- 11811it5. Street No.6, South Swaroopnagar Colony, Uppal, Hyderabad - 500 039, Telangana State. ...RESPONDENTS 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 isr;ue a Writ, Order or Direction more particularly, one in the nature of WRIT OF MANDAMUS, declaring the inaction of the respondents 3 to 6 in apprehending the unofficial respondents B to 12 and remanding them to iudicial custody. despite their presence is very much accessible to the respondent no.6 and his lnvestigating Officer, is illegal, arbitrary, unconstitutional, capricious and opposed to the canons of natural justice as against the Articles o'f 14, 16 and 21 of Constitution of lndia, apart from the mandate of provisions contemplated under Cr.PC and lPC. and consequently direct the respondents 1 to 3, to constitute Special lnvesligation Team (SlT) or High Rung Police Persohnel to conduct fair and honest investigation, so that justice may be done to the petitioner and to her minor daughter. l.A. NO: 1 OF:1017(WPMP. NO: '18959 OF 2017) 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 respondents 1 to 3, to constitute a Special lnvestigation Team (SlT), or High Rung Pol ce Personnel, to conduct fair, honest and sincere investigation in Crime No.330/2017, registered for the offences punishable U/Sec.498-A, 307, 406, 506-lPC end 3 and 4 of DP Act, against the unofficial respondents 7 to 12 (A-1 to 4-6), for committing cognizable and non-bailable offences, on the petitioner. NO: 18960 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 call for the records, in respect of the investigation conducted by respondent no.6 and his lnvestigating Officer, Sub-lnspector of Police, so far, in Crime No.330/2017, registered for the offences punishable U/Sec.498-A, 307, 406, 506-lPC and 3 and 4 of DP Act, against the unofficial respondents 7 to 12 (A-1 to 4-6), for their committing cognizable and non-bailable offences, on the petitioner Counsel for the Petitioner: M/S BURUGU SRILATHA Counsel for the Respondent Nos.1 to 6: GP FOR HOME Counsel for the Respondent Nos.7 to 12:--'- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER: 1 This Writ Petition is filed under Article 226 of Constitution of lndia see<ing the following relief: "...f() issue a Writ, Order or Direction more particularly, one in the nature of WRIT OF MANDAMUS, declaring the inaction of the respondents 3 to 6 in apprehending the unofficial respcndents I to 12 e'nd remand them to judicial custcdy, despite their presence ls very much accesslb/e to the respondent no.6 and his lnvestigat,ng Officer. is illegal, arbitrary, unconstitutional, capricious and opposed to the canons of natural justice as agarnsl the Articles ;.:f 14, 16 and 21 cf Constitution of lndia, apai from the mandate of provisions cont<>mplated under Cr.PC and lPC, and consequently direct the respondents 1 to 3, to constitute Special lnvestigation Team (SIT) or High Rung Police Personnel to conduct fair and honest investigation, so tl,at justice may be done to the petitioner and to her minor daug,lter and lo pass such other order or orders, as the Hon'ble Coun deems fit, proper, and appropriate, in the circumstances of the case....."

2. Nont: appeared for the petitioner.

3. Hearl Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6.

4. Learr,ed Assistant Government Pleader would submit that the Crime No.330 of 2017 was subsequently numbered as S.C:No.344 of 2018 upon Filing the charge sheet. Later, the matterwas adjudicated on merits arrd the accused were acquitted on 04.10.2021. Thus, the contention of the petitioner does not survive. 2 a

5. I have perused the materials on record.

6. The petitioner had challenged the inaction of respondents No.3 to 6 in apprehending unofficial respondents No.8 to 12 in the Crime. However, pending instant petition, as the Crime itself subsequently ended in acquittal, nothing remains further for adjudication, as such, the contest of the petitioner has become infructuous.

7. 'Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs l\4iscellaneous Petitions, pending if any, shall stand closed. SD/. B.REKHA RANI ISTANT REGIS //TRUE COPY// ECTION OFFICER To, 1 . One CC to M/s. Burugu Srilatha, Advocate [OPUC] 2. Iwo CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]

3. Two CD Copies TJ TKS d-j{- HIGH COURT DATED: 1710912025 I ORDER WP.No.'15352 of 2017 lHE S o * ? 3 rr8 i(lTr * DISMISSiING THE WRIT PETITION AS INFRUC'TUOUS WITHOUT COSTS .f ,,,\ ,\'t