Edla Srisailam v. rr'

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 order or direction more particularly one in the nature of a WRIT OF MANDAMUS to declaring the inaction of the official Respondents 2 to 4 in registering the FIR and taking action upon the complaint of the petitioner dt. 2B- 07 -2024 in respect of illegal acts and omissions on the part of the accused Rajesh Gupta, Kamal Gupta, and Rajender Gupta, as illegal, arbitrary and violative of Articles 14,16,19 and 21 of the Constitution of lndia and also Section 173 of Bharateeya Naragik Suraksha Sanhita. lA NO: 1 OF 2024 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 2lo 4 to give protection to the Petitioner from the illegal acts and omissions of the respondents No, 5 to 7. Counsel for the Petitioner: SRI KIRAN PALAKURTHI Counsel forthe Respondent Nos.1 TO 4: SRI R.LAXMIKANTH REDDY, AGP Counsef for the Respondent \os.$ TO 7: M/s. SHARAD SANGHI FOR HOME The Cqurt made the following: ORDER THE HONOURABLE SRT JUSTTCE B' VIJAYSEN REDDY WRIT PETITION No.22 770 0F 2024 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No'4 - the Station House Officer' Shadnagar Police Station, in not registering the First Information Report (FIR) on his complaint dated 28'07 '2024 against respondent Nos.5 to 7, as being illegal and arbitrary' 2 HeardMr'KiranPatakurthi,teamedcounselforthepetitioner, and Mr. R. Laxmikanth Reddy, leamed Assistant Govemment Pleader for Home.

3. Learned Assistant Government Pleader for Home' having received written instructions dated 20'08'2024 from the Sub- Inspector of Police, Shadnagar Potice Station' submitted that on receipt of the complaint dated 28'07 '2024 from the petitioner' respondent No'4 made an entry in General Diary (G'D') and caused enquiry into the matter' During the course of enquiry' it was revealed from the villagers that respondent Nos'5 to 7 neither interfered nor tried to occupy the land of the petitioner and beat him 2 AS alleged by him in the complaint. Moreover, the petitioner submitted an Out Patient Stip dated 28.07.2024 issued by the Telangana \/aidya Vidhana Parishad, Community Health Centre, Shadnagar, where, the doctor opined that "no extemal obvious injuries" ancl "generalized body pain". After completion of enquiry, the complaint of the pctitioner was closed as 'False' on 31.07.2024 and the samc \vas intimated to the petitioner by registered post.

4. It is firrther submitted that earlier petitioner lodged complaint ri ith respondent No.4 on 02.08.2022 against respondent Nos.5 to 7. Basing on which, a case in Crime No.502 ol 2022 was registered trnder Seclions 447,427,323, 504 and 506 read with Section 34 ol the Indian Penal Code (IPC) against respondent Nos.5 to 7 and others. After completion of investigation, the case was closed as 'False' and linal report was filed before the leamed Addl. Judicial Maeistrate of First Class, Shadnagar, (for short ,Triat Court') on 3(1.08.2022 5 It is also submitted that respondent No.5 lodged a complaint with respondent No.4 on 01.12.2022 against the petitioner and others with respect ol the same land. Basing on which a case in I I .. i I I 1;' I , 3 Crime No.756 of 2022 was registered under Sections 421 ' 447 read with Section 34 of IPC against the petitioner and others' After completion of investigation, charge sheet was filed in C'C' No'61 of 2023 and is pending trial before the Trial Court' Another complaint was filed by respondent No.5 on 25'07 '2024 against one Mr. Kotholla Anjaiah and Mr. Yeshamoni Tothaiah alleging that they have trespassed into his land in Survey Nos'185 and 186 situated at Mogaligidda Village, Farooqnagar Mandal' Ranga Reddy District. Pursuant to the said complaint, a case in Crime No'549 of 2024 was registered under Sections 447,427 and 506 read with Section 34 of IPC and investigation is taken up' After completion of investigation, appropriate report will be filed before the Trial Court'

6. A copy of written instructions along with notice intimating the petitioner about the closure of his complaint is served on the leamed counsel for the Petitioner. In view of the aforesaid submissions of the leamed Assistant 7 . Govemment Pleader for Home, no further orders are required to be passed in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to avail appropriate 4 remedies under the provisions of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), if he is aggrieved by the closure report. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// SD/.L. VIJAYA LAXMI REGISTRAR AS ON OFFICER The Prrncipal Secretary, Home Department, Secretariat Bldgs, Saifabad, Hyderabad, State of Telangana. The Asst. Commrssioner of Police, Shadnagar, Ranga Reddy District The lnspector of Police, Shadnagar Police Station, Ranga Reddy District The Station House Officer, Shadnagar P.S. Shandnagar Town, Ranga Reddy District. One CC to SRI KIRAN PALAKURTHI, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad IOUT] One CC to M/s SHARAD SANGHI, Advocate [OPUC] Two CD Copres To 1 2 3 4 5 6 7 B I'SK, BS t,. HIGH COURT DATED:0610312025 ORDER WP.No.22770 ot 2024 tl- 'l -i P. 2 g ,t t|An afr ,',\.. \, ll{ it ,?,, -n./ -".,,1s-: 1).:/' o ot,, t DISPOSING OF THE WRIT PETITION WITHOUT COSTS i I I I I I ! : i i \