FIR in terms of guidelines issued by the Supreme court in Lalitha Kumari vs Counsel

Judgment

1. 2 ,J 4 5 6 7 p o L L F t Ra u h R/o The State of Telangana, RbP. bY its Secretariat Buildings, Hyderabad. The Commissioner ,of Pollce, Gachibowli. Hvderabad, Telangana. The Station H6use Officer, Kukatpally 5 o o o a k p o o ka U I L 5 r a No 40I Pr ate m p oyee 7 E R a nqa re d d D tr cS N a a I t v o a ep K h s 5 o N a a L rl n a o J r o a p U 1 S k L k P h h N 409 7 t R/ F o Ranoareddv District. SmtlLoLolokapuri Viiayalakshmi, W/o Occ Housewifi:. R/o Ftat No 409, 7th N ag a r o a h S m P flva n k t v rS C l\i4 o a n N a s a r v D St1c R a ns a re D o o o d p k p lt L o k u FYo F a No 40 t ,f e t a pe R a ns a ed d o C H o U S Lo e Ko S B o aSe K t v o h h I ...PETITIONER rincipal Secretary, Home Department, yberabad Police Commissionerate,

olice Station, Cyberabad, ri Srinivas, Aged about 28 yrs, Occ Block, Phase-l , Prajay Nivas, Mohan yana, Aged about 56 yrs, Occ Driver, rajay Nivas, Mohan Nagar, Kothapet, olokapuri Srinivas, Aged about 53 yrs, Block, Phase-l , Prajay Nivas, Mohan ri Srinivas, W/o Rana, Aged about 33 , 7th Block, Phase-1, Prajay Nivas, istrict ...RESPONDENTS Petrtion under Article 226 of the Co circumstances stated in the affidavit filed pleased to issue a Writ of Mandamus or direction declaring the inaction of 3rd resp FlR, basing on the complaint of the petiti illegal and u nconstitution a I and violative of of lndia and contrary to the provisions of the Sanhita, 2023 and consequen y direct the stitution of lndia praying that in the therewith, the High Court may be ny other appropriate writ, order or ndent herein by not registering the ner dated 0310512025 as arbitrary, rticles 14 and 21 o'f the Constitution Code of Bharatiya Nagarik Suraksha rd Respondent herein to register the FIR in terms of guidelines issued by the Supreme court in Lalitha Kumari Vs Government of Uttar pradesh and others (2014) 2 SCC 1 lA NO:1 oF 2025 Petition under Sectron 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 Respondent no. 3 herein to forthwith register a FrR on basis of the petitioners compraint dt.03/05/2025 against the unofficiar respondents No.4 to 7, pending disposal of the Writ petition Counsel for the petitioner: Dr. D. KAVAL KUMAR Counsel for the Respondent Nos. 1to3: Gp FOR HOME Counsel for the Respondent Nos.4to7;_ The Court made the following: ORDER - THE HON'BLE SRI ]USTICE T. VINOD KUMAR Wri Peti n 1 1 20 ORDER Thrs Writ Petition is filed with the lowing prayer: ther appropriate writ, order "...to issue a Writ of Mandamus or any 'd respondent herein bY not or direction declarrng the inaction of laint of the Petitioner dated registering the FIR basing on the com nstitutional and violative of 03l05l7025 as arbitrary, illegal and un f India and contrary to the Articles 14 and 2l of the Constitution arik Suraksha Sanhita 2023 provisions of the Code of Bharatiya N nt herein to register the FIR and consequently direct the 3'd Respon in terms of guidelines issued by the Su reme Court in Lalitha Kumari ers (2014) 2 SCC I and Pass Vs Government of Ut[ar Pradesh and ot 'ble Court maY deem fit and such other order or orders that the Ho proper in thc clrcumstances of the case

2. Heard learned counsel for the Pleader for Home appearing for respond nt Nos.1 to 3, and Perused the etitioner, learned Government record

3. Having regard to the manner of di posal of the Writ Petition at the admission stage and the nature of lis in olved, this Court is of the view that notice to unofficial respondent N s.4 to 7 is not necessary for adjudication of the present Writ Petition'

4. The case of the Petitioner/ ln approached the dt.02.05.2025, with regard to the hara ment meted out to her at the 3'd respondent auth brief, is that though she has rity and lodged a comPlaint/ \--ti ) hands of the unoFflcial respondents, though the aforesard complaint was received on 03.05.2025 at 20.31 hours, no action has been initiated thereon by registering FIR against the persons mentioned in the aforesaid complaint, and thus, there is ,naction on the part of the respondents- authorities in taking action, pursuant to her comptaint dt.02.05.2025.

5. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 3 would submit that on the petitioner approaching the 3'd respondent authority on 03.05.2025 and lodging a complaint at 8.31 p.m., and as the contents of the complaint disclosed the dispute to be a matrimonial djspute, have caused prel mrnary enquiry and after counseling, registered a case, vide Crime No.640 of 2.025. t a.

6. I have taken note of the respective contentrons urqed.

7. The petitioner initially having approached the 3,,, respondent by lodging a complaint on 03.05.2025 at 8.30 pm, thei-eafter had moved this Court by filing present Writ Petition, on 07.05.2025, by way of lunch motion. However, when the matter was taken up on 07.05.2025, as there was no representation on behalf oF the petitjoner, the matter was adjourned for non-appearance of the petitioner.

8. Further, the respondents-authorities based on the complaint made by the petitioner herein, having registered a case vide Crime No.645 of 2025 on 09.05.2025, this Court rs of the view that the grievance of the petitioner in the present writ petition as to non - registra tion of crime 1 stands redresscd. Srnce, the respond nts authorities based on the complaint of the petitioner have registere a case, vide Crime No.645 of 2025, this Court is of the further view t at the respondents are to be directed to take further action in the ma er by .conducting investigation into the aforesaid crime registered strictly i accordance with law.

9. Subject to above observation and direction, the Writ Petition is disposed of. No order as to costs

10. Miscellaneous petrtions, rf any, pe ding in this writ petition shall stand closed. lltnue co Yil SD/. A.JAYASREE ISTANT REGISTRAR SECTION OFFICER To,

1. 2 J 4 q d o m m SS o n e I o The Principal Secretary, Home Depart T S Hvd e la ba b f P o C Th C e T G C b wl H vd e tabad a h o on Ho u Se ofI ce t T e S h o S R D KA A cC o R H tl o \, P F TWO CC S Hyderabad [OUT] v a ns a n a Ku k tp a a v U Nil R A.l (-o H h s L K IU E nt, Secr a riat Buildings, a Police Commissionerate, P lice Station, CYberabad, UD Cl e Sta e o ca e ot i f h r Tf e an a na a s t

6. Two CD CoPies A.BM TKS HIGH COURT DATED:10 10612025 -1 z-=:::=- .,,lL 5 fAf o, ,(* 13 rtJE 2025 r' .\'i'^ (, ORDER WP.No.15031 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9e