Sri.Chitimelli Naga Arun Kumar v. 1. The State of Telangana
Case Details
Acts & Sections
7. Mr.Panga Venkatesh, S/o. Panga Arjun, Aged about. 42 years, Occ. Private Employee, Rl/o. H.No.1-1 13, Srinivas Nagar Colony, Medipally Mandal, Peerzadiguda Municipal Corporation, Medchal-Malkajgiri Districl500098, TG. 8. Mr. Panga Ar.jun, S/o. Late P.Pentaiah, Aged about. 71 years, Occ. Business, Rl/o. H,No.6-1, Srinivas Nagar Colony, Medipally Mandal, Peerzadiguda Municipal Corporation, Medchal-Malkajgiri District-500098, TG.
9. Mr.Kommu Vamshi Krishna, S/o. Kommu Ramaiah, Age,J about. 41 years, Occ. Business, R/o. H.No.2-3-7031418,11176, Maruthi Nitgar, Amberpet, Hyderabad, TG.
10.Smt.Sukka Kalpana, Wo. Sukka Jayender, D/o. Pang:r f)entaiah Aged about. 48 years, Occ. Housewife. R/o. H.No.1-112, Srinivas Nal;ar Colony, Medipally Mandal, Peerzadiguda Municipal Corporation, Medcha -ll1alkajgiri District- 500098, TG .....RESPONDENTS Petition Under Article 226 of the Constitution of lnrli,a praying that in the circumstances stated in the affidavit filed therewith, ther High Court may be pleased to issue a Writ of lvlandamus or any other aporc,priate writ, order or Direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the in action of the respondents herein, particularly 6th resprrndent, not yet taken any action on the criminal complaint filed by the petitioner d:spite said compliant disclosing cognizable offences, i.e., undue influence, corsriracy, extortion and criminal intimidation, though the criminal complaint lodgeJ by the petitioner on 08.03.2025, and in action on the part of the respondents for not registering the criminal case against the unofficial respondents, and s;rnre has been illegal, arbitrary and unjust and its nothing abuse of process of la'v and also its contrary to the Honble Apex Court judgment, i.e. Lalitakumaris Ca se , and consequently direct the respondents herein, particularly 3rd respondent tc 6th respondents, to take action upon the cognizable criminal complaint lodged by the petitioner on 08.03.2025 against the 7th unofficial respondent to 1Oth urofficial respondents and others and duly conduct an enquiry in accordance with aw by registering an FIR and investigate the same expeditiously in accordanc: with the appropriate law, immediately and forthwith. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir,;umstances stated in the affidavit filed in support of the petition, the High CoLirl may be pleased to issue the directions to the respondents herein, particularll 3rd respondent to 6th respondents, to take action upon the cognizable criminal <:rrrrplaint lodged by the petitioner on 08.03.2025 against the 7th unofficial respondent to 1Oth unofficial respondents & others and duly conduct an enquiry in ar. c:rdance with law by registering an FIR and investigate the same expeditiously n accordance with the / appropriate law, immediately and forthwith, in the interest of justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRI C.HARI PREETH Counsel for the Respondent Nos.1to6:SRl G.ANIKETH REDDY, AG.P FOR HOME Counsel for the Respondent Nos.7 to 10 : - The Court made the following ORDER I I I i I i II ,/,, I THE HONOURABLE SRI JUSTICE K. t, \KSHMAN WRIT PETITIO N No.23407 of 2 0:15 ORDER: Heard learned counsel for the p etitioner and Sri G.Aniketh Reddy, learned Assistant Govenr nent Pleader for Home appearing for respondent Nos. I to 6.
2. According to the petitioner. he has purchr,re d Plot Nos'126 and l25lPart in Sy.No.62, admeasuring 233.33 qq Yards, situated at Medipally Town and Mandal. Peerzad g'rda Municipal Corporation, Medchat-Malkajgiri District, under t registered Sale Deed bealing document No. 10780 ol l0l4 datec I l. | 1.2024' The petitioner is in possession of thc said plot. Bvel tlen. respondent Nos.7 to t0 are allegedl',' thrcatening the petiti' 'n':r to vacate the said plot and are atterrlpting to illegall-i encroa(r ', upon the same' Therefore, the petitioner has lodgcd a complainl drted 08.03.2025 with respondent No.6 - I)olice Station against re:';rlndent Nos'7 to
10. Despite receiving and acknou ledging thr said complaint, respondent No.6 did not takc any action. Aggr e ved by the said inaction of responclent No.(r. the preserlt rvrit petit otr is filed. 3 . Thou-eh the petitioner has alleged that re' pondent Nos.7 to l0 are trying to illegalll occr-rpy the albresaicl p ots, he has not I l 2 mentioned the date, time, or other details in the complaint dated
08.03.202s.
4. Whereas, the lcamed Assistant Govemment Pleader lor Home, on instructions, would submit that on receipt of the said complaint dated 08.03.2025, respondent No.6 has made an entry in the General Diary. On enquiry, he came to know that there exist disputes between the petitioner and respondent Nos.7 to 10 with regard to the said plots. rr,hich arc civil in nature. Accordingly, he has closed the cornplaint and intirnated the same to the petitioner on 14.03.2025. A copy of thc said intimation has been furnished to the learned counsel tbr the petitioncr as well as to this Court, and the same is placed on rccord
5. In the light ot.the above discussion, the writ petition is disposed o t-. granting libertl to the petitioner to take appropriate steps in accordance uith the procedurc laid down under the Bharatiya Nagarik Suraksha Sanhita. 2021. There shall be no order as to costs Misccllaneous applications. it' an\ pending, shall stand closed SD,.U. SUDHA TSTANT REGISTRAK ,TTRUE COPY/,
1. The PrinctPa I Secretary to Government' kar, Telangan Dr.B.R.Ambed Telangana' TG Hvderabad ' rGeneral of Police' The Directo r akidikaPul , Hvderabad, TG Home De a Secretariat partment' , State Government of Telangana' ffirce at SECTION OF FrcER Govemment of of Telangana a t \ To 1 SA LS
3. The commissioner of Police, Rachakonda police com'nissionerate, office at. - ftepd.mgJ,_lay.uputi_Colony, Behind Matkajgiri Court (t,)11ptex, UeO'cfrit_ Malkajgiri District, TG.
4. The Deputy Commissioner of police, Malkajgiri Zone, (iachakonda police p.olnnliqqigerqte, ffice at. Behind Matkajliri Court dr n,ptex, Medchit_- Malkajgiri District, TG. 5. The Assistant commissioner of police, Malkajgiri Divis rrr, Rachakonda police Commissionerate, Offlce at. Uppal, pS premiSis, Med,:hat-Matki;giri Districi- TG
6. The Station House fficer/lnspector of police, Medipar ,,, police Station, Rachakonda Police commissionerate Medipaily Ma;d.i, veocnat-tvtatiblgiri District, TG Hyderabad. (OUT)
7. Two CC's to G.P FOR HOME, High Court for the Stat€, o, Telangana at 8. One CC to SRI C.HAR| PREETH, Advocate tOpUCl 9. Two CD Copies tr- I t ,t i I l I : I : I i l i t HIGH COURT DATED:0710812025 , I ::-j\ . ;.'i, '...,.\, a r 3 DCT frflll () i! I ..- * ).' 't('..,, " t - '._r-' - -.:--... ..-....,i- ('. .' \'- ORDER WP.No.23407 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. (h- --_--t- L511 \,.r--