High Court · 2025

Smt. Errolla Jyothi, Wo Chandraiah Aged.40 Years, Occ_ Agriculture, Ryo. H. No. 1-58, ltikyal Village, Jagadevpur Mandal, Siddipet District, PtN. 50228j Karre Chandrakala, W/o Sathaiah @ Sailu, H.NO 1-4, ttikyat Viilage. Jagadevpur Mandal, Siddipet District, PlN. 502281 ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 4th Respondent Police kept pending the petitioners' complaints submitted along with CCTV Footage dt. 10.03.2025, 28.10.2024, 31 .05.2024, without any reason as illegal, arbitrary and violation of principles of natural iustice guaranteed under Articles 14,2j and 300-4 of constitution of lndia and consequently direct the 4th respondent police forthwith to take appropriate action as per the law by considering the complaints of petitioners dt. 1 0.03.2025, 28j0.2024, 31 .05.2024 IAN O:1 OF 2025 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 4th respondent to take appropriate action against the unofficial respondents No. 5 and 6 by considering the complaints submitted along with CCTV Footage by petitioners dt. 31.05.2024, 28.10.2024, 10.03.2025 as well as to conduct further investigation as per the provisions of 173 (8) of Cr.PC/193 (9) of BNSS in conneclion with Charge Sheets vide SC SPL No. 216 oI 2022 and SC SPL No. 232 of 2022 on the file of Principal District and Sessions court, Sanga Reddy, pending disposal of the above writ petition Counsel for the Petitioner: SRl. K RAMACHANDRA Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5&6: -- The Court made the following: ORDER e- THE HON'BLE SRI JUSTICE T. VINOD KUMAR - Writ Petition No. 14563 of 2025 ORDER: Heard learned counsel for the petitioners appearing through online, learned Government Pleader for Home appearing for respondent Nos.1 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. Z. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature pf /s involved, this Court is of the view that notice to unofficial respondent Nos.5 and 6 is not necessary for adjudication of the present Writ Petition.

3. The case oF the petitioners, in brief, is that though they have approached the 2nd respondent authority by submitting a complaint/ representation, dt.28.L0.2024, bringing to the notice of the said authority that the authorities have registered a case earlier based on the complaint made by the petitioners dt.23.09.2022, the authorities have not included the persons mentioned in their complaint as accused; and that the said persons taking advantage oF not being arrayed as accused in the aForesaid complaint, are abusing the petitioners and others, and as such, the said persons named in their complaint ai'e to be arrayed as accused in the aforesaid FIR registered based on their complaint d1.23.09.2022. -!t 2

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.l to 4 would submit that based on the complaint of the petitioners dt.23.09.2022, the authorities have registered a case vide Crime No.1B4 of 2022 on the same day, against the persons named therein as accused.

5. Learned Government Pleader further submits that if the petitioners are aggrieved by the manner of investigation or the persons named as accused in the aforesaid charge sheet, the petitioners ought to have approached the concerned Magistrate by filing a protest petition; and that without availing the remedV provided under Cr.P.C., have submitted another representation dt.28.70.2024 to the 2"d respondent, claiming the persons named in the said representatlon are to be added as accused in FIR No.184 of 2022, which is not permitted, as the authorities have already filed a charge in the aforesaid crime.

6. Learned Government Pleader by drawing the attention of this Court to the complaint dt.28.10.2024, would further submit that the claim of the petitioners of the persons named in their complaint abusing them keeping the aforesaid crime registered in mind, is also not borne out from the contents of the said complaint, as no specific date of alleged incident is mentioned therein.

7. Learned Government pleader further submits that if any specific incident had occurred subsequent to the complaint, the petitioners ought 3 to have approached the respondents-authorities by lodging a fresh complaint and having failed to do so, the petitioners are only seeking to claim that the persons in the aforesaid complaint dt.28.10.2024 are to be arrayed as accused in the complaint lodged in September, 2022, based on whrch, an FiR has already been registered. Investigation conducted thereinto and charge sheet has also been laid before the concerned Magistrate, which is pending for trial.

8. I have taken note of the aforesaid submissions made.

9. Though the petitioners claim of having approached the 2"d respondent authority by their repiesentation dl.zl.ll.2OZ4 bringing to the notice of the said authority'of the persons named in the representation resorting to abusing the petitioners keeping in mind the complaint lodged by them earlier on 23.09.2022, based on which a crime is registered, a reading of the contents of the complaint dt.28.10.2024, on the other I ( hand, would show that the petitioners by the aforesaid representation are only seeking for adding the persons mentioned in the aforesaid representation as accused in the complaint lodged by them on 23.09.2022 and there is no mention of any subsequent incident having taken place.

10. Since, based on the complaint made by the petitioners on

23.09.2022, the respondents-authorities having registered a case vide Crime No.1B4 of 2022 and thereafter having filed a charge sheet on

22.11.2022, if the petitioners are aggrieved by the manner of investigation 4 into the crime or the contents of the charge sheet, the petitioners ought to have taken steps by filing a protest petition before the conceined Magistrate. As it is not shown to this Court of the petitioners availing the remedy under Cr.p.C./BNSS, this Court is of the view that the petitioners cannot now by the present Writ Petition seek a direction to the the persons mentioned in the compraint dt'28'r0.2024 as accused having themserves faired to avair the remedies provided under Cr.p.C. respondents-authorities for arraying 11 . In view of the above, the Writ petition as filed is devoid of any merit and is accordingly dismissed. No order as to costs.

72. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. L.LAKSHMI BABU I DEPUTY REGISTRAR SECTION OFFIC To,

1. One CC to SRl. K RAMCHANDRA Advocate I 2 Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] UC] 3 KKS TK Two CD Copies a II HIGH COURT DATED:0910612025 1 i, _.- l. '-) ) (- /-='1'=:' t rlE li r;, 2 B AUE 216 -oE.s,, a,C \\: s ORDER WF.No.14563 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS I