High Court · 2025

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 21741 OF 2025 Between: Jagannath Sashidar, S/o Late Ja years, Occc Business, R/o H. No. 1 gannath Satyanarayana, Aged about 44 2- 1- 790, Asif Nagar, Hyderabad. ...PETITIONER AND 1 2 J 4 t 6 7 The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat Hyderabad. The Commissioner of Police, Hyderabad Commissionerate Hyderabad. The Deputy Commissioner of Police, South- West Zone, Hyderabad. The Asst Commissioner of Police, Asif Nagar, Hyderabad The Station House Officer, Asif Nagar Police Station, Hyderabad. .lagannath Janardhan,.S/o J,agannqlh Satya Narayana, Aged about 40 years, Occ Business, R/o. H. No 12- 1-776, AsiiNagar, Hyderabiad. K. S.antosh Sing, S{o K Raju Singh, Aged about 37 years, Occ Business, R/o !-l .No . 14- 10- 5 16, Lower Dhoolpet, Jummerhth Bazar, Asif Nagar, Hyderabad. B. Thakur Prg9"gp Singh, S/o Pratap Singh, Aged about 40 years, Occ Business, R/o H. No. 14- 10- 478, Dhoolpet;Asif Nagar, Hyderabad. 9 Rakesh Silg-h, S/o Ramesh Singh, Aged about 35 years, Occ Business, R/o H. No. 14- 10- 1338, Badi Jalli, Dhootpet, Asif Nagar, Hyderabad. ...RESPONOENTS 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 direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent No. 5 in not registering the FIR against the unofficial respondents No. 6 to 9 though the cognizable offence committed by them in pursuant to the petitioners complaint dated 11-O7-2025 & 1S-07 -2025 as illegal, arbitrary, u ncon stitutiona l, violative of principles of natural justice and contrary to the judgment of the Honble Supreme Court and consequently direct the Official Respondents to register the FIR duly effecting the arrest of the accused and conduct investigation by following due procedure of law. lA NO: 1 OF 2025 Petition under Section 15'1 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 No. 5 to forthwith to register the FIR against the unofficial respondents No.6 to g in pursuant to the petitioners complaints dated 11-07-2025 AND 19-07-2025, pending disposal of the main Writ petition. Counsel for the Petitioner: SRI B.MADHU SUDHAN RAO Counsel for the Respondent No.1 to 5: GP FOR HOME The Court made the following: ORDER + E i + i , i , I THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition N 2L74L of 2025 I I ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficial respondent Nos.6 to 9 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that, though he had approached the 5th respondent authority and lodged complaints dt.11.07.2025 and 19.07.2025, against respondent Nos.6 to 9 herein, no action is taken thereon by the 5th respondent authority by registering a crime in accordance with. the provisions of BNSS, which action of the respondents-authorities it is contended as illegal, arbitrary and contrary to the provisions of BNSS.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5 would submit that the respondents- authorities on receiving the abovementioned complaint sent by the 2 petitioner through registered post, made a GD entry and caused preliminary enquiry, which discloses the existence of a civir surt between the petitioner and the unoffrcial respondents herein in reration to the subject property video.s.No.529 of 2022 and the respondents-authorities by taking note of the pendency of the civil dispute, and also the contents of the complaint being civir in nature, have closed the aforesaid complaint as 'civil in nature' on 24.07.2025 and informed the petitioner of the action taken in person.

5. Learned Government pleader further submits that if the petitioner is aggrieved by the aforesaid action of the respondents-a uthorities in closing the complaint given by the petitioner as,civil in nature,, he has to avail fudher remedies provided under BNSS.

6. I have taken note of the respective contentions urged.

7. Having regard to the submissions made as above, since, it is now informed to this Court of the respondents-authorities on receiving the complaint sent by the petitioner through registered post after causing preliminary enquiry, having closed the same on 24.07.2025 as ,civil nature', this Court is of the view that if the petitioner is aggrieved by the aforesaid action of the authorities, has to avail further remedies provided under BNSS and for the said reason cannot maintain the present Writ Petition. =ffi*-116; :{$r=r= { a*' / 3 B. Granting liberty as noted above, the Writ Petition is disposed of. No order as to costs.

9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. To, //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTANT REgISTRAR * SECTION OFFICER l.ThePrincipalsecretary,HomeDepartment,secretariatHyderabad'Stateof Telangana.

2. The Commissioner of Police, Hyderabad Commissionerate Hyderabad' 3. The Deputy Commissioner of Police, South- West Zone' Hyderabad 4. The Asst Commissioner of Police, Asif Nagar, Hyderabad 5. The Station House Officer, Asif Nagar Police Station' Hyderabad' 6. One CC to SRI B.MADHU SUDHAN RAO, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 8 Two CD CoPies W BSR BS I I I tl, I HIGH COURT DATED:2810712025 \ t I ORDER WP.No.21741 of 2025 ,,aSI4 O o ( c 0 5 Al]6 2r5 * a

6. -1 ,-) 7 + t & + E * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1