Siraj Mohiuddin v. '1 . The State of Telangana

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 or order more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 in not causing departmental enquiry against the respondents 6 and 7 for illegal threatening and harassing of the petitioner, and petitioner family members and for responsible for burnt of petitioner house on 19-4-2016 and not ordering for CBCID enquiry into the matter in misutilising the official capacity of the respondents 6 and 7 and not paying the compensation for illegal burnt of the petitioner house and theft of the movable articles of the petitioner and the petitioner family members as illegal, arbitrary, unjust and also against the Article 14, 16,21 and 300-4 of Constitution of lndia and consequential directions to the respondents 2 to 4 in not causing departmental enquiry against the respondents 6 and 7 for illegal threatening and harassing of the petitioner and petitioner family members i nd for responsible for burnt of petitioner house on 19-4-2016 and not ordering for ( matter in misutilising the official capacity of the responc ( paying the compensation for illegal burnt of the petitioner ;BCID enquiry into the nts 6 and 7 and not ouse and theft of the movable articles of the petitioner and the petitioner family nrr mbers forthwith. ! l.A. NO: 1 OF 2Q16(WPMP. NO: 18263 OF 2016) Petition under Section 1 51 CPC praying that in the ,; the affidavit filed in support of the petition, the High Court nri 'cumstances stated in y be pleased to direct the respondents 2 to 4 to cause departmental enquiry agiri and 7 and their staff for illegal threatening and harassin; petitioner family members and for responsible for burnt of c 4-2016 including order for CBCID enquiry into the matt() capacity by the respondents 6 and 7 and their stafl compensation for illegal burnt of the petitioner house an I articles of the petitioner and the petitioner family mem r lst the respondents 6 of the petitioner and :titioner house on 19- in misuse of official and for payment of theft of the movable :rs forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI MOHAMMED ASLAM Counsel for the Respondents: SRI R.LAXMIKANTH RED[,' , AGP FOR HOME The Court made the following: ORDER t' l : : THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 14677 OF 2016 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief: " . . .to issue a writ or order more particulady one in the nature of writ of mandamus declaing the action of the respondents 2 to 4 in not causing depaftmental enquiry against the respondents 6 and 7 for iltegal threatening and hanssing of the petitioner, and petitioner family members and for responsible for bumt of petitioner house on 19-4-2016 and not odering for CBCID enquiry into the mafter in misutilising the official capac$ of the respondents 6 and 7 and not paying the compensation for illegal bumt of the petitioner house and theft of the movable afticles of the petitioner and the petitioner family members as illegal, arbitrary, unjust and also against the Article 14, 16, 21 and 300-A of Constitution of lndia and consequential dircctions to the respondents 2 to 4 in not causing depaftmental enquiry against the respondents 6 and 7 for illegal threatening and hanssing of the petitioner and petitioner family members and for responsible for bumt of petitioner house on 19-4-2016 and not ordering for CBCID enquiry into the matter in misutilising the official capacity of the respondents 6 and 7 and not paying the compensation for itlegat burnt of the petitioner house and theft of the movable articles of the petitioner and the petitioner family members forthwith. .. ."

2. Heard Mr. Mohammed Aslam, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents. \ \

3. The learned Assistant Government Pleader submitted that, pursuant to the investigalion in Crime No. 393 of 2015, a charge sheet has been filed, which hls been taken on file as C.C. No. 5065 ot 2019 s" I ! 2 before the Court of the XVll Additional Metropc itan Magistrate, Hyderabad. The matter is presently at the stago of issuance of summons. Hence, the cause raised in this writ p, tition no longer survtves.

4. The contention of the petitioner, who is the defar; r-complainant, is that the respondents named in FIR No. 393 of 2015 o *ed 17.10.2015, lodged by one Raheema Begum, the petitioner's forme dauEhter-inJaw, exerted pressure on him to settle the dispute. Or that basis, the petitioner sought an order directing a CBCID enquinr along with other consequential reliefs. However, in view of the fact tha: he charge sheet has already been filed and the matter is pending befr: e the competent trial court, the request for referring the investigation t,) another agency, as well as the related reliefs, has become infructuous

5. ln light of the above circumstances, this writ pet tion is dismissed as infructuous, while reserving liberty to the petrt )ner to file an appropriate application in the event the cause of action r the petition still survives. No order as to costs. Miscellaneous P-etitions, pending if any, shall star j closed. ST) .M. OSMAN ALl BAIG A.S;: STANT REGISTRAR I To //TRUE COPY// , \ecrtoN oFFtcER 'L The Principal Secretary to Home Department. Secretb.r rt Buildings, ^ Hyderabad, State of T6langana 2 The commissioner of poric"e, Hyderabad and secunde r rbad at Basheerbagh, 3 The Deputy Commissioner of police. West Zone, Hvdc r tbad. 4. lhe Assastant Commissioner of polrce, Asifnagar Divis < n. Hyderabad. Hvd. I t 9-

5. 6.

7. 8. 9. 10 The lnspector of Police, Golconda Police Station, Hyderabad. The Addl. Detective lnspector of Police/Ex-Circle lnspector, Golconda Police Station, Hyderabad. The Sub-lnspector of Police, Golconda Police Station, Golconda, Hyderabad One CC to SRI MOHAMMED ASLAM, Advocate IOPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies PSK. BS 1 \ I HIGH COURT DATED:2010812025 ORDER WP.No.14677 of 2016 ' .. ,' :,. (-\,,., \ 1 g 0Eil ,': l i_) \ DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS \) \ 4