✦ High Court of India · 09 Sep 2025

1. Kanneti Siva v. The State of Telangana

Case Details High Court of India · 09 Sep 2025
Court
High Court of India
Decided
09 Sep 2025
Length
1,434 words

5. The Superintendent of Police, Khammam, Khammam District. 6. Sri Anjaneulu, S/o.Bhaskar Rao, Occ Circle lnspector of Police, 0/o. Station HouSe Office Khammam Rural Police Station, Khammam District.

7. Sri T.Gopi, S/o-Not known Occ Sub-lnspector of Police Worked previously at Khammam Rural Police Station Presently working at Station House Office Raghunathapalem Police Station, Khammam District. B. Sri T.Venkateswarlu, S/o.Not known, Occ Sub-lnspector of Police, Working at Khammam Rural Police Station, Khammam District.

9. Sri Raghu, S/o. Not known, Occ Sub-lnspector of Police Previously Worked at Station House Office Khammam Rurual Police Station, Khammam District- presently working at Kusumanchi Police Station, Khammam District.

10. Sri [r,4ohan Rao, S/o.Not known, Occ Assistant Sub-lnspector of Police working at Khammam Rural Police Station, Khammam, Khammam District. 7 ...RESPONDENTS Petition under Article 226 ot 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 6 to 10 in beating, illegal confinement in the police station and causing severe injuries to the 1st petitioner and not removing the respondents 6:to 10 from their posts by the respondents 1 to 4 and not investigating the illegalities, taking law into hands by the respondents 6 to 10 while discharging the official duties and causing serious injuries to the I st petitioner and also not probing into the matter by appointing the enquiry officer in the issue the rank of Additional Superintendent of Police under control and supervision of respondents 1 to 4 as illegal, arbitrary, unjust and also against Article 21 of Constitution of lndia and consequential directions to the respondents 1lo 4 to appoint the enquiry officer not less than the rank of Deputy Superintendent of Police in respect of the illegalities, illegal confinement, severe beating and causing injuries in the Khammam Rural police station to the petitioners by the respondents 6 and 10 and pay the compensation to the 1 st petitioner for illegal confinement causing serious injuries. l.A. NO: 1 OF ?0'!9(WPMP. NO: 46176 OF 2016) 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 respondents 1 to 4 to appoint the enquiry officer not less than the rank of Deputy Superintendent of Police in respect of the illegalities, illegal confinement, severe beating and causing injuries in the Khammam Rural police station to the petitioners by the respondents 6 and '10 and pay lhe compensation to the l st petitioner for illegal confinement causing serious injuries pending disposal of the above writ petition Counsel for the Petitioners: SRI KARUNAKAR REDDY Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.'t to 5: SRI R. LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent Nos.6 to '10:-- The Court made the following: ORDER I '. I I I I I I THE HONOURABLE SRI JUSTICE N.TUI{ARAMJI WRIT PETITION No.37481 OF 2016 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following reliefls:- "... to issue a q.rit or order more panicularly one in the nature of writ of mandamus declaring the action of the respondents 6 to 10 in beating, illegd confinement in the police station and causing severe injuries to the 1st petitioner and not removing the respondents 6 to 10 from their posts by the respondents 1 to 4 and not investigating the illegalides, taking law into hands by the respondents 6 to 10 while discharging the official duties and causing serious injuries to the lst petitioner and also not probing into the maner by appointing the enquiry officer in the issue the nnk of Additional Superinrendent of l)olice under control and supervision of respondenrs 1 to 4 as illegal, arbitrary unjust and also against Anicle 21 of C-onstitution of India and consequential directions rc the respondents 1 to 4 to appoint the enquiry officer not less than the rank of Deputy Superintendent of Police in respect of the illegalities, illegal confinemenL severe beating and causing injuries in the Khammam Rural police station to the petitionen by the respondents 6 and 10 and pay the compensation to the 1st petitioner for illegal confinement causing serious injuries and to pass such other onCer or orders as this Ftrcn'ble Cor.rn may deems fit just and proper in the circumstances of the case..... ."

2. None appeared on behalf of the petitioners.

3. I have heard Mr.Rlaxmikanth Reddy, learned Assistant Govemment Pleader for Home appearing for respondenr Nos.1 to 5.

4. Leamed fusistant Govemment Pleader for Home submi$ that, the contentions as to physical assault and illegal confinement of the petftioners in police starion is not supported by any mareriai ) and the respondent police secured the presence of the petirionen only during investigation in Crime Nos.99 of 20L6 and 42'1. of ZO|O. F{e further pleads that the petitioner never complained before the jurisdictional Magistrate or before any authoriry about any ill treatment. This position is making clear that the contentions raised in the petition are q.'ith ulterior or advisedly against the respondent police. Ffu further submits that Crirne No.99 of 2016 subsequently numbered as CCNo.730 of 2017 on the file of the leamed Additional Judicial Magistrate of Fint Class, Khammam and the matter after due trial ended in acquimal on23.04.2025. That apart, Crime No.421 of 2016 is numbered as S.CNo.252 of 2017 on the file of the learned fusistant Sessions Judge, Khammam and the matter after due trial ended in acquittal on 01.05.2025, thus, the cause m the writ petition does not subsist and accordingly prapd for dismissal

5. I have perused the materials on record.

6. The petitioner's contention is related to the proceedings in the Crime No.421 of 2016. Frmher, the petitioners except the Ie adings, does not indicate any material particulan showing the ill -) rreatment or illegal confinement. Pertinently, the aspect that the petitionen have not raised any contention before the jurisdictional Magistrate at relevant time is explaining the circunstance otherwise. However, having regarding to the fact that the crimes which were registered against the petitioners had ended in acquiaal and corsidering the fact that the petitioners are not prosecuting this petition is indicating that the grievance has been effectively redressed upon the acquittal in the related crimes. In the situation, this C-oun is of the considered view that no ftuther orden would be required in this petition. However, leaving open to the petitioners, to file appropriate petition for revival of this petition, if the cause still nee& adjudication, this petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shalll tand closed. SD/. S.MALLIKARJUNA RAO ASSISTANT REGISTRAR i,,;r' SECTION OFFICER //TRUE COPYi/ To, 'l . The Chief Secreiary, Secretariat Buildings, The State of Telangana Hyderabad.

2. The Princioal Secretary to Home Department, secretariat Buildings, The State of Telanqdna HYderabad.

3. The Director General of Police, Telangana State' Hyderabad' 4. The Deputy lnspector General of Police, State of Telangana (Law and Order)' Hyderabad.

5. The Superintendent of Police, Khammam, Khammam District. 6. One CC to Sri Karunakar Reddy, Advocate [OPUC] 7. Two CC to The GP for Home, High Court for the State of Telangana, at Hyderabad[OUT]

8. Two CCs to GP for General Administration, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CD Copies TJ TKS 8( I I HIGH COURT DATED:0910912025 ..* \.." ,I ATF I (_.) 07 t t8 2[2[ .k E]PAi:: * ORDER WP.No.37481 ot 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $..* /.r ^\t\

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