✦ High Court of India · 12 Mar 2026

The High Court · 2026

Case Details High Court of India · 12 Mar 2026

Petition under Article 226 of lhe 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 in the nature of Writ of Mandamus declaring the inaction of the respondent No.3 in not registering the FIR based on the complaint dated 2810612025 and investigate the offences under Sections 328,316(2),303(2), 142, 131 , 126(2), 165, 356, 351(2) rlw 61(2) of the BNS Act, 2023 as arbitrary, illegal and in violation of Articles 14 and 21 of the Constitution of .lndia and consequently direct the respondent No.3 to file a report under Section 175(3) of BNSS. lA NO: 1 OF 2025 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 respondent No.3 to register the FrR based. rthe private compraint vide s R No 2576 ot 2025 dated 03-07-2025 fired befor,: the Learned principar Junior civil Judge-cum-Xr Additionar Judiciar Magir;r .ate of First crass, Rajendranagar, Ranga Reddy District, pending disposal of :he writ petition. Counsel for the petitioner: Mrs. ANJUM YASEEN Counsel for the Respondents: ASST. Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.25182 of 2o25 ORDER: The present writ petition is hled to declare the action of respondent No.3 in not registering the FIR based on the complaint dated 28.06.2O25 for the offence under section 328, 3t6(2)., 303(2), t42, r3t, 126(2), 16s, ss6, 3s1(2) read with 61, (2) of BNS as arbitrary, illegal and violation of Articles 14 and 21 of constitution of India

2. The facts of the case in brief as stated are that, the petitioner got married to accused No.4-Smt.Sireesha on

25.O5.2022 in an arranged marriage performed under the Hindu rites and customs. The parents of Smt.Sireesha started interfering in their matrimonial life and that on

09.06.2023, her parents has forcibly taken her away from the matrimonial home on the pretext of medical reasons. Thereafter, the petitioner's wife did not return to the matrimohial home. However, on 21.06.2023, petitioner's wife expressed her willingness to iejoin the petitioner but cited fear from her family members. On 15.11-2023, petitioner's wife fiIed complaint under section 498-A IPC 2 !r-\\ --*-?! and section 3 of the Dowry Prohibition Act (t IR No' 1 19 of 2023) and. later a Domestic Vioience Case ras also hled against the petitioner on IO.7O '2024 br lore the III Additional Metropolitan Magistrate, Malkajgti

3. On Og.O7 -2024, petitioner visitrr t his wife's parental home to bring her back, where he r 'as assaulted by his in-laws. Though, his wife returned t the petitioner's home, again left the t'r petitioner's knowledge and several val -r rmporarily to use without lble articles including gold, silver and uncounted casl missing. Thereafter, petitioner filed a I) were found 'tition under Section 9 of the Hindu Marriage Act, restitution of conjugal rights which result': dated 07 .O1.2024. The petitioner therrr complaint on 28.06.2025 narrating the fil 955 seeking I in a decree Lfter frled a sequence ol events and requested to register the FIR. Hov ever, till date, FIR has not been registered nor any investiga i on initiated. 4 The petitioner also filed a private cr) nplaint $sf61g XI Additional Judicial Magistrate of First Class, Rajendranagar on 03.O7.2023 where the learned - l itI 3 Magistrate recorded the sworn statement of the complainant and posted the matter on 20.08.2025 for further hearing, but no order was passed and adjourned to

09.O9.2025, causing further delay. Aggrieved by thersame, the present Writ Petition is ft1ed.

5. The Sub-Inspector of Police, Shamshabad Police Station has placed instructions through the learned Assistant Government Pleader for Home and submits that as per the station records, respondent No.3 has received petitioner's complaint on 28.06.2025 through the offrce of Deputy Commissioner of Police, Shamshabad Zone vide No. 202l DCP -SZ / CS / Pet / Cyb / 2025, dated 05.07 .2025 for enquiry and necessary action. The petitioner's wife has made a complaint and thereby three criminal cases were registered against the petitioner in Cr.No- 119 of 2023 dated 15.11.2023 under section 498-4 IPC and section 3 of Dowry Prohibition Act, Cr.No.25/2025 dated O6.01.2O25 under section 351(2) of BNS and Domestic Violence Case oi LO.1o.2024 before III Additio-nal Me tropolitan Magistrate Court, Malkaj giri and the petitioner also filed suit for restitution of conjugal rights on 23.07 -2024 before the 4 ---\ \r learned AdditionaL Family Court, Ranga Ft ddy District. Respondent No.3 conducted enquiry whereil:, it is revealed that there is a matrimonial dispute between .he petitioner and hig wife and in this connection, crimir.; I qases have also been registered against the petitioner rnd also the petitioner filed a suit for restitution of conj -: 3al rights. In view of the matrimonial dispute, after condt r ting enquiry, the represcntation of the petitioner \ /z r closed on

23.08 .2025 and suggested the petitioner to rpproach the concerned Court for pursuing appropriate rerr sdies

6. Heard Mrs.Anjum Yaseen, learned cr unsel for the petitioner and learned Assistant Governme: r Pleader for Home appearing for respondents.

7. Taking into consideration the set tf facts and circumstances of the case, and in view of .he fact that there is no progress in the pending suit filed I rr restitution of coljr.' gal rights and learned counsel for t re petitioner, during the_course of his submissions did not substantiate as to how this writ petition 1S maintainab e, when the petitioner has already filed a private comp i int which is 5 pending before the XI Additional Judicial Magistrate of First Class, Rajendranagar and since the petitioner has already frled a complaint, which is sub-judice before the XI Additidnal Judicial Magistrate of FirSt Class, Ranejndranagar and that the representation of petitioner has already been enquired and closed by respondent No.3, this Court do not find any reason to entertain the present Writ Petition B. This writ petition is devoid of merits, fails and accordingly dismissed. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to cost. //TRUE COPY// D/. L. VIJAYA LAX S TANT REGI R CTION OFFICER CC to ltrlrs. ANJUM YASEEN, Advocate loPU CCs to GP FOR HOME, High Court for t CD Copies he State Telangana. [OUT] To, 1 2 3 4y One Two Two BN GJP '' , i';: v;:'._l .,.,,-:ik;nr>. i:_: :.::t' r..- - , - , .a*,{,:.-._ -,.. ..;..')'fr '..i-'.:r-..- t, HIGH COURT DATED:2610812025 ORDER WP.No.25182 of 2025 111 : sla 0 6 trl 2026 '6 L * DISMISSING THE WRIT PETITION WITHOUT COSTS b 3\.

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