High Court · 2025

Petition under.Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or Direction more particurarry one in nature of writ of Mandamus decraring the action of the Respondent No-2-3 not producing and adding other witnesses in the said charge sheet in cc No.286 of 2018 wn]cn is pending before Hon'bre Judiciar Magistrate of First crass at Medak is against to the Articre 14 and 21 0f the constitution, and principres of Naturar Justice and also direct the Respondent No.2-3 to add other witness as accused and produce them before triar court for reading their evidence in respect of above cc 2g6 of 2o18 by considering evidences submitted by the petitioner as per compraint of Petitioner. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the )ircumstances stated in the affidavit filed in support of the petition, the High co r t may be pleased to direct the 3rd Respondent to collect evidences from pe1i1 oner and add other witness as one of the accused in the above cc No.286 of :l )1g which is pending before Judicial First class magistrate at r\,4edak, pending risposal of the main Writ Petition. Counsel for the Petitioner: SRI p.ACHUT RAMA SHASTRY Counsel for the Respondent No.1 to 3: SRI M.SRINIVAS, AC p FOR HOME The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO .26777 ot 2025 ORDER: Heard learned counsel for the petitioner and Sri'M'Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos l to 3' With their consent, this writ petition is being taken uP for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following Prayer:- " to declare the actiott of the Respondent No.2-3 ttot producittg ttnd atlding other Witnesses in the said charge sheet in CC No 286 of 2078 whicli is pcnding bet'orc Hon'ble ludicial Magistrote of First Class at medak, is againit to the Article 74 and 27 of tlrc constittLtion and Principles ol Natural lustice and also direct tlte Rcspottdctrt No'2-i to attd oiher toitness as accused and produce them bet'ore trial court for leading their euidence in respect of abozte CC 286 of 2018 by consiiering eaidences submitted by the Petitioner as per conplaittt of Petitioner." 3- Brief facts stated in this writ petition are that petitioner marriage was s<rlemnized to respondent No.4 on 74 04.20M and thereaf ter, they rvere blessed with one daughter. It is further stated that petitioner's husband without giving divorce to petitioner, illegally married to a minor i e ' respondent No.5, hence the petitioner on 18 08'2017, lodged a complaint before respondent Nos.4 and 5. Thereafter, respondcnt authorities registercd Crime No.141 of 2017 under Section 494 of IPC, Section 10 CMRA Act and filed a case in WPS, Sangareddy, aide Cttne No 12 of 2017 under Section 49g(A),4g4 of IPC. Further case of the petitioner is that whilc she has somc more evidence and witness, she approached the respondent authorities and requested them to add the same in the charge shect, however, respondcnt 2 '-1 authorities refused to add the same. ASSrieved by the san't this writ Petition is filed

4. Learned Assistant Government Pleader for Hor,e appearing for respondent Nos.1 to 3 ptaced on record instructions issuec by Sub-lnspector of Police, Medak Town Police Station, Medak District, r,'terein it is stated Smt.N Swaroopa, CDI'}O, ICDS Project Director, Medak, s rbmitted a rePort dated 18.08.2017, to the respondent No.3 and stated 11 at on 1,7 -08.2017, petitioner lodged a complaint before her, wherein it was ;tated petitioner's husband married to a minor girl and requested to take ,ction against the petitioner's husbancl. Upon such complaint, Crime No.1 t1 of 2017 dated

78.08.2017 under Sectiotr 498(A),494 of IPC, Section 10 of I\ rhibition of Child Marriage Act, 2006 n'as registered against the Petitioner'i husband and the during the course of investigation, six witness were e). mined and there detailed statements we're recorded. Later, the investigatin ; officer obtained the bonafied certificate from the head Master of ZPHS, A1 adurg and it was revealed that at thc time of marriage with the Petitiorr r's husband, the respondent No.l n'ars of 17 years and 5 months. 5.rbsequcntly, the investigating officer issued notice under Section 4-l'.' Cr,P.C to the petitioner's husband. It is further stated that after complet < n of investigation charge sheet aide C.C.No.286 of 2078 was filed before the lt'a'ned Judicial First Class Magistrate at Medak (herein #ter referred as'Trial ( < urt') and the next date of hearing is on 03.09.2025. )

5. Learned Assistant Government pleader further submits that if the petitioner intends to produce evidence or add other witness, she is at libertv to adduce evidence before the Trial Court.

6. Recording the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case and since the the charge sheet oide C.C.No.286 of 2019 is filed before the Trial Court, this Court deems it appropriate to dispose of the writ petition granting liberty to petitioner to pursue the matter before the Trial Court.

7. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. \ To, /ffRUE COPY// SD/. U. SUDHA ASSISTANT R'€ISTRAR sEcnofoFFtcER Home Department, Telangana State' State of '1 . The PrinciPal Secretary, Telangana. The Superintendent of Police, Medak District' The Station House Officer, Medak Town Police Station' Medak' One CC to SRI P.ACHUT RAMA SHASTRY' Advocate IOPUCI Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 2 J 4 4 t) BSR PVL Two CD CoPies at ,^ - Yrr HIGH COURT DATED: 0310912025 ORDER WP.No.26171 of 2025 / i -:. \().\\ (l ti 4 r ?ilfr ,1. ii nt'.,i/ '.J. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q h \\