Syed fr/ohammed Raheemuddin v. 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, order or Direction more particularly one in the nature of Writ of mandamus declaring the inaction of the respondent No. 3 in taking any action on the FIR No.314 of 2024 on the file of respondent no.3 as illegal, arbitrary, violative of articles 14,21 ol lndian constitution and violative of principles of natural justice and direct the respondent No. 3 to forthwith take prompt and appropriate action on the investigation of said FIR and consequently arrest the accused thereini Respondent no.4 - 6 1 '::. -- 'r lA NO: 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 respondent No. 1 to 3 to forthwith take prompt and app ropriate action on the said FIR No. 31412024 pending disposal of the writ petition Counsel for the Petitioner: SRl. KHAJA ZIAUDDIN Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent Nos.4 to 6: --- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.21673 of 2025 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.l to 3, and with their consent, the Writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the Writ petition and the nature of lis involved, this court is of the view that notice to unofficial respondent Nos.4 to 6 is not necessary for adjudication of the present Writ petition

3. The case of the petitioner, in brief, is that though the unofficial respondents herein have committed a cognizable offence, as the 3'd respondent-authority had refused to receive the complaint a,d register a crime against the unofficial respondents herein, the petitioner had filed a private complaint by approaching the jurisdictional Magistrate; and that on the Magistrate referring the said compiaint to the 3d respondent_authority, though a case uide Crirne No.3l4 12024, dt.2S.Og.2O24, is registered, the 3.a respondent is not taking aly action to investigate into the 2 r'i- "l'.- \ai ' ..:.. aforesaid crime registered by bringing the cuiprits to book' which action of the 3r'r respondent it is contended zrs highly illegal' arbitrary and dereliction in discharge of his dutiet;'

4. Per contra,learned Covernment Pleader ap1>rirring on bchall- of responclent Nos.l to 3 while denying the writ averments lr'ould submit that the 3'd respondent-authority on registering the aforesaid crime has issued notice under Section 91 of Cr'P'C'' to the petitioner on three occasions, calling upon the petitioner lo submit information/ documents lor the authority to conduct investigation into the aforesaid crime registered; and that inasmuch as the petitioner did not come forward by producing the 3'a respondent-authority based on information/ documents, the the material available had conducted investigat'on and filed final report, dt.25.O5.2025 before the jurisdictional (lourt uide Inward . No .37 472 12025, dt.la.O7 .2o2s '

5. Learned Government Pleader would furthe:- submit that even before filing of the final report, petitioner/complainant was issued with notice in Form No.96 by sending the same through registered post on 26.03.2025, and thus, the allegation c'|f the petitioner of the 3,,I respondent not taking al1y action on registering the FIR i i i I I l i: i I l : 3 No.3l4 12024, is baseless and is made only to CAUSC prejudice against the 3.,t respondent.

6. The aforesaid submission made by the learned Government Pleader for Home is taken on record.

7. Having regard to the submissions made as above and since, it is now stated before this Court that the respondents-authorities on registering a crime uide Crime No.3l4/2024, dt.25.O9.2024, after being referred by the jurisdictional Magistrate, and by conducting investigation thereinto having filed a final report, dt.25.O5.2O25 before the jurisdictional Magistrate uide Inrvard No.37472/2025, a-fter issuing notice in Form No.96 to the pe titioner by sending the same through registered post on

26.03.2025, this Court is of the vierv that if the petitioner IS aggrieved by the aforesaid final report, has to avail further remedies provided under BNSS, and as such no direction can be issued in the present Writ Petition to the respondents authoritles to conduct investigation in the said crime, which according to respondents is already concluded.

8. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs. 4 -t, - ..,41t 'ii'd 9 Consequently, rrriscellaneous petitions, if ar5" pending shal1 stand closed. SD/.A ASSISTANT . JAYASREE REGISTRAR //TRUE GOPY// SECTI FFICER To, I 2 Hyderabad. The Principal Secretary Home Department Secretariat Eluildings' Saifabad' The Commissioner of Police' Hyderabad City Police' H)rderabad District -n" ,O,,on House Officer, Nampally Police Station Narnpally' Hyderabad 3 4. One CC to SRI KHAJA ZIAUDDIN Advocate [OPUCI 5. Two CCs to GP FOR HOME 'High 6. Two CD CoPies Court for the State rf Tetangana KKS Ls vr HIGH COURT DATED:2510712025 ORDER WP.No.21673 of 2025 ,/,,. ,,g 5tP 2t25 .) J ,:. ( Z (. ;.t * 1)1: q 1,1, r, \-=_--7 DISPOSING THE WRIT PETITION WITHOUT COSTS ^*c*X{F