The High Court · 2025

Petition under Article 226 o1 lhe constitution of India 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 action of the Respondent No.3 in non-following the provisions of 173(4) of BNSS Act 2023 (Old criminal Procedure code Sectionl54(3)crPC)andnon-initiatingtotakethenecessaryactionagainstthe RespondentNo'6toB,whohatchedaplantokillthePetitioner,accordinglythey trespassed into the house of the Petitioner and created panic situation and they tried to kill her and children is highly illegal, arbitrary, u nconstitutio nal and violation of Articles 14, 15 and 21 0f the constitution of lndia and also violation of the Principles of Natural Justice and consequently direct the Respondent No.3 : : i: to follow the provisions of the 173(4) of BNSS Act 2023 ({) d Criminal Procedure Code Section 154 (3) CrPC) and to consider the represer 1 riion of the Petitioner dated 25-07 -2025 and to register the Fir against the Respc rdent No. 6 to 8, and take the necessary action against them, who attacked tn the Petitioner by trespassing into the house of the Petitioner by breaking t e doors and created panic situation and tried to kill the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in tht: ;rcumstances stated in the affidavit filed in support of the petition, the High Cc t ri may be pleased to direct the Respondent No. 3 to follow the provisions of tt t 'l 73(4) of BNSS Act 2023 (Old Criminal Procedure Code Section 154 (3) CrP,l and to consider the representation of the Petitioner dated 25- 07 -2025 and to 1 gister the Fir against the Respondent No.6 to B, and take the necessary act(r against them, who attacked on the Petitioner by trespassing into the hous: of the petitioner by breaking the doors and created panic situation and tried to lill the petitioner. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.1 to 5: AGP FOR HOME Counsel for the Respondent Nos.6 to 8: -- The Court made the following: ORDER : i{qp,-'rc,/ THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.25299 of 2O25 Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the threshold.

2. This writ petition is filed questioning the action of the respondent No.3 in not-following the provisions of 173@l of BNSS Act 2023 (Old Criminal Procedure Code Section 154 93) CrPC) and not-initiating action against the respondents No.6 to B, who hatched a plan to kill the petitioner, as they trespassed into the house of the petitioner and created panic situation and they tried to kill her and children.

3. The learned counsel for the petitioner would submit that the petitioner is subjected to harassment and made an attempt to kill her and her children by the respondents No.6 to 8, who are husband and in-laws of the petitioner, respectively, and therefore she lodged a complaint before the respondent No.5, Statron House Offrcer, Medipally Police Station, on 23.07.2025. Since there was no action on the part of the respondent No.S, petitioner made a representation on

25.07.2025 before the respondent No.3, Commissioner of Police, Rachakonda Commissionerate, with a request to follow the provisions of the 173(4) of BNSS Act 2023 (Old Criminal Procedure Code Secrion 15a(3) CrPC) and to direct the concerned SHO to register FIR. Since there is no action on the part of the respondent 3 on the said I representation dated 25.07.2025, pctitioner fiiccl the present writ peLition 2

4. On the other hand, the learned Assistant C r vernmenL Pleader for Hcme, placed a copy of the written insLruction: lated 2.2.O8.2025, based on which, it is submitted that the petitioner l rdged a complaint with the respondent No.3 on 03.Og.2O2S stating thrr her husband and his parents conspired together and during her it ,sence and broke open her lock, attacked her and her children anc. attcmpted to kill. The said complaint was made petition entry anci ,l_ 'ing the course of enquiry, it is revealed that the petitioner is invoh.e c in Crime No.955 of 2025 registered under Section 329(41, 324(41, 3O;\ 2), lts(2),3s1(2), read with 19O BNS as Accused No. 1 and the inv; tigation is under progress. To cscape from the criminal liabilities, t_t t petitioner lodged the above said complaint dated 03.08.2025. Af er completion of enquiry, the said complaint of the petitioner was c1c s :d on 11.08.2025 as "Lack of Evidence" and the same was inforrne I to the petitioner through Petition Management System. Hence, it ca the respondents No.3 and 5 did not act orr rnot be said that the complaint/ representation of the petitioner.

5. In view of the submissions made by the lrarned Assistant Government Pleader, it appears that the concern€ I police made a detailed enquiry on the complaint lodged by the grr tioner and came Lo the conclusion that there is no evidence to procr:t:r further. Hence, it cannot be said that the respondents No.3 and 5 j d not act on the complaint/ representation of the petitioner. If the petitioner is otherwise aggrieved, the petitioner may take appropriate steps as available under 1aw.

6. With the above observations, this lr,rit petition is disposcd of There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shal1 stand closed. SD/.A. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// CTION OFFICER To,

1. The Principal Secretary, Home Department, Secretaria ecretariat Buildings, State of Telangana, Hyderabad.

2. The Director General of Police, Telangana State, Hyderabad. 3. The Commissioner of Police, Rachakonda Commissionerate, Medchal-

4. The Deputy Commisstoner of Police, Malkajgiri Zone, Rachakonda lr/alkajgiri District. Commissionerate. Commissionerate

5. The Station House Officer, Medipally Police Station, Rachakonda 6. One CC to SRI RAPOLU BHASKAR, Advocate IOPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] B. Two CD Copies MMT BS HIGH COURT DATED:2610812025 ORDER W.P.No.25299 of 2025 (( t, IHE S TA n'oo t * 5 ,1r,8 2[]26 Ln ir: * ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS +