The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 38363 OF 2016 Between: Dheeravath Chandana, D/o.D.L.Naik, Aged about 28 years, Occ Private Employee, Rl/o. H. No.2-1 9-7 8l Gl 1 I A, Kalyanpuri, Uppal, Cyberabad. ...PETITIONER AND Police Station.

1. The Director General of Police, Telangana State at Lakdi-ka-pool, Hyderabad. 2. The Commissioner of Police, Cyberabad at Gachibowli. 3. The Asst.Commissioner of Police, t\rlalka.lgiri Division, office above Uppal 4. lnspector of Police, Uppal Police Station at Uppal. 5. Tahera Begum, Head Constable, Uppal, Cyberabad. 6. Mohd.lrfan Khan, S/o.lt/ohd.l,4oulana, Aged about 40 years, Occ Rl/o.5-7-105, 7. Mohd.Moulana, S/o. not known Aged about 63 years, Occ Retired Empoyee, 8. fvlariyam, W/o. fizlohd. lVoulana Aged 58 years, Occ House Wife, Rl/o.5-7-105, 9- Nizamuddin, Sio.not known, Aged 36 years, Occ Business, Rio.Nizam R/o.5-7-105, Sri Ram Nagar Coony, Kamareddy District, Nizamabad. Sri Ram Nagar Coony, Kamareddy District, Nizamabad. Sri Ram Nagar Coony, Kamareddy District, Nizamabad. IVledicab, Nizampet, Cyberabad.

10. State of Telangana, rep-by its Prl.Secretary, Home department, Secretariat, Hyderabad ..,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 issue a Writ, Order or Orders, more particularly,"one in the nature of Writ of Mandamus declaring the action of the Asst. Commissioner of Police, N/alkajgiri Division in not conducting the investigation In crime No.620/20 15 clubbed with Crime No.34/2016 for the cognizable offences committed by the Respondents 6 to 8 at the instance of Respondent No.9 viz. offences under Secs.376, 344, 315 r/w Sec.34 IPC and also Sec.3(1XX) of SC/ST (Prevention of Atrocities) Act, even after one year per/od, more particularly not seizing the . :,J,9 : ^-..'<E}lr-:.nrE- *r articles used in the crime viz. bullet motor cycle, wishingt machine, gold charn and other articles from the custody of the accused odrsons, much more particularly in not visiting the medical unit of Nizamuddin situated at Nizampet much more particularly not even contacting the Nizamuddin on the mobile phone No'9595118570 and at least not issuing a notice under 41-A of cr.p.c. to him so to. take his statement in the above crimes viz. 62012015 ai 3412016 registered on the file of office of the 4th respondent as amounting to righly arbitrary, illegal and unconstitutional l.A. NO: .l OF 2016(WPMP. NO :47275 OF 20161 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 1't and 2nd respondents to transfer the crime Iil= 34l20i6 forthwith to crime lnvestigation Department, Telangana state at Hyderabad or to any other Police officer who is empowered to conduct investigaticn as contemplated under Sec.157 of criminal Procedure code, 1973; pending final disposal of the main Writ Petition Counsel for the Petitioner: SRl. GOPALA KRISHNA KALAI-JlDHt Counsel for the Respondent Nos. 1to4,10: SRI R. LAXMIKI\NTH REDDy, Counsel for the Respondent Nos. Stog:- The Court made the following: ORDER AGP FOR HOI/]E THE HONOURABLE SRI JUSTICE N.TUKARAMJT \[RIT PETITION No.3E363 OF 2016 ORDER: This Writ Petition is hled under Article 226 of Constitution of India seeking the following relief/s:- "...to issue a Writ, Order or Orders, more particularly, one in the nature of Writ of Mandamus declaring the action of the Asst. Commissioner of Potice, Malkajgiri Division in not conducting the investigation in crime No.620/2015 clubbed with Crime No.34/2O16 for the cognizable offences committed by the Respondents 6 to 8 at the instance of Respondent No.9 viz. offences under Secs.376, 344, 315 r/w Sec.34 IPC and atso Sec.3(1)(X) of SC/ST (Prevention of Atrocities) Act, even after one year period, more particularly not seizing the articles used in the crime viz- bullet motor cycle, wishing machine, gold chain and other articles from the custody of the accused persons, much more particularly in not visiting the medical unit of Nizamuddin situated at Nizampet much more particularly not even contacting the Nizamuddin on the mobile phone No.95951 18570 ald at least not issuing a notice under 41-A of Cr.P.C. to him so to take his statement in the above crimes viz. 620/2015 and 34/2016 registered on the file of offrce of the 4th respondent as amounting to highly arbitrary, illegal and unconstitutional and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case.... . -"

2. None appeared on behalf of the petitioner

3. I have heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent I , Nos.1 to 4.

4. Learned Assistant Government Pleader for Home would submit that, a-fter investigation, charge sheet was fried in Crime No.620 of 2015 and the matter was numbered as C.C.No,1091 of 2015 ard after due trial the accused were acquitted on I 2

04.O2.2019 by VI Metropolitan Magistrate, Rargzr Reddy District at L.B.Nagar. Further, in Crime No.34 of 2O16, charge sheet was filed on 30.03.2016 and numbered as S.C.No.1rill of 2Ol7 and. the same is pending trial, thus, the contest in the petition has been properly addressed, as such, the cause does not euise.

5. I have perused the materia_ls on record.

6. Having regard to the prayer that, the respondents were not conducted investigation in the crimes and thr: developments reported in the related crimes, the contested cause has been affectively attended by the respondents, this petition is dismissed as infructuous. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shatt stand closed. //TRUE COPY// SD/- M. JAWAHAR REDDY-- AS:ilSTANT REGJS+RA-R r! SECTION OFFICER \ To, 1 One CC to SRI. GOPALA KRISHNA KALANIDHI ,Advocate [OPUC] Two CCs to GP FOR HOIVE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies B t\,4 o.GJP 1 I \ ( HIGH COURT DATED:2010812025 z,/ /.:"' (.:i. $(, 3 i] [[r ?u5 \:.'.. \r. ORDER WP.No.38363 of 2016 DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS t T ,{ o