High Court · 2025
Case Details
2.Tatipatty Harish, S/o Tatipatty Srinivas ge: 20 years, Occ: Business R/o Chennur Vitlage &. Mandal, ncheriaI District.
3.Dindu Srinivas, 5/o Late Veera Goud. Age: 34 years, OCc: Coolie R/o Chennur Vittage & Mandat, MancheriaI District. '1)The Sub lnspector of Police Srirampur Police Station, MancheriaI District. 2)The Station House Officer, Srirampur Police Station, MancheriaI District. 3)The Station House Officer P.S. Chennur Mancherial District. .. Petit'ioners. And 4)The Assistant Commissioner of Potice Jaipur, MancheriaI Dsitrict. 5) Smt.G.Kavitha, W/o & age not known to petitioner The Assistant Commissioner of Police Jaipur, MancheriaI District. 6)The Commissioner of Potice, Ramagundem, Peddap-atti District. 7)The Deputy lnspector General of Police Karimnagar Range, Karimnagar 8) The Director General of Potice, Tetangana Potice, Tetangana, Lakadi-ka-poo[, Hyderabad 9)The State of Tetangana Rep. by its Principal Secretary, Home Department,Tetanqana Secretariat, Hyderabad. ...Respondents For the reasons slated in the affidavit accompanying , it is prayed that this Hon'ble Court may be pleased to issue a writ, Order, or Direction, more particularly one in nature of Writ of CERTIORARI calling for records pertaining to Notice vide C.No. B3/CRM-O-112017 dated 13-06-2017 issued by the lstRespondent and Quash the same as bad in law and violation of Article 21 of Constitution of lndia and consequently declare the action of the 1sr Respondent in issuing Notice vide C.No.83/CRM-0-112017 dated '13-06-2017 at the behest of Respondent nos.4 & 5 as defective and motivated and violative of provisions of Cr.P.C 1973, in the interest of justice. l.A. NO: 1 OF 2017(WPMP. NO: 24092 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents Nos. '1 to 5 to allow the petitioner to attend the investigation Along with his Advocate/Counsel in pursuance of Crime No.38 of 2017 on the fife of P.S. Chennur, in the interest of Justice, pending Disposal of the Writ Petition. l.A. NO: 2 OF 2017(WPMP. NO: 24093 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of Notice vide C.No. 83/CRM-0-1/2017 dated 13-06-2017 issued by the 1st Respondent u/s 41 - A of Cr.P.C, in the interest of Justice, pending Disposal of the Writ Petition. Counsel for the Petitioners : Ms. V. SWETHA, COUNSEL REPRESENTING FOR SMT. B. NEERAJA REDOY Counsel for the Respondents: ASSISTANT GP FOR HOME The Court made the following: ORDER THE HON'BLE SRIJUSTICE N. TUKARAMJI WRIT PETITION No.19733 OF 2017 ORDER This Writ Petition is filed with the fofiowing relief "Io lssue writ, order or direction, more paiicularly one in the nature of WNf OF CERTIORARI calling for records peftaining to Notice vide C. No. 83/CRM-0- 1 /201 7 dated 1 3.06.201 7 issued by the 1"t respondent and quash the same as bad in law and violation of Articb 21 of Constitution of tndia and consequently declare the action of 1't respondent in issuing Notice vide C.No.83/CRM- 0-1/2017 dated 13.06.2017 at the behest of respondent Nos.4 and 5 as defective and motivated and violative of provisions of Cr.P.C. 107'2
2. ttIs. V. Swetha, learned counsel representing [Vlr. B Neeraja Reddy, learned counsel for the petitioners, submits that the present writ petition has been filed challenging the notice dated 13.06.2017 issued by respondent No. 1, and seeking to quash the crime proceedings initiated pursuant thereto 2 - 3 This Court, by interim order dated 10.07.2017, suspended the operation of the impugned notice. The learned counsel, therefore, prays for passing approprtate final orders in the matter
4. Learned Assistant Government Pleader for Home, appearing on behalf of the respondents, submits that the impugned notice was issued under Section 41-A of the Code of Criminal Procedure, 1973 (Cr.P.C.), directing the petitioners to appear before the investigating officer within three days from the date of receipt of the said notice. However, this Court, by the interim order dated 10.07,20'17, had suspended the operation of the said notice. lt is further submitted that the investigation was subsequently completed, and a charge sheet was filed, which was taken on file as C.C. No. 235 ot 2018 before lhe Court of the Judicial Magistrate of First Class, Chennur. After due trial, the petitioners/accused were acquitted on 14.10.2019. Accordingly, the learned Assistant Government Pleader submits that, in view of the acquittal, the grievance of the petitioners no longer survives for consideration
5. I have perused the material available on record 3
6. lt is evident that, at the time of filing of the writ petition, the grievance of the petitioners pertained to the issuance of a notice under Section 41-A Cr.P.C. by the Station House Officer. However, the subsequent developments during the pendency of the writ petition clearly indicate that the investigation has been completed, a charge sheet was filed, and the trial has culminated in the acquittal of the petitioners on merits
7. ln view of the above factual position, the grievance of the petitioners has been effectively redressed, and nothing further survives for adjudication in this writ petition. B Accordingly, the writ petition is disposed of as having become infructuous. There shall be no order as to costs Miscellaneous petitions, if any, pending in the Petition, shall stand closed i/TRUE COPY// \ Sd/. L. VIJAYA ISTANT R RAR SECTION OFFICER To
1. One CCto SMT. B. S. NEERAJA REDDY, Advocat 2. Two CCs to GP for HOME, High Court for the State of Telangana [OUT] 3. Two CD Copies UC] PVUMP p"\C" HIGH COURT DATED:1611012025 ORDER WP.No.19733 ot 2017 I I I Sli:A ( o O 1 [ rt0 au$ * SP,rr;;i';i l 1 ! ;l .$' -K DISPOSING OF THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS h )-t.