Mohd Aamer v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in non-initiating to provide the protection to the petitioner life and liberty and non-initiatlng to take the necessary action against the respondent Nos.6 to B who hatched a plan to kill the pehtioner with deadly weapons and became as a accus,ed persons in Crime No.103 ot 2025 for offence 109, 115 (2) r/w 3(5) of BNS Ar;t on 28.6.2025of BNS Act on the file of the PS Rain Bazar, is highly illegal, arbilrary, u ncon stitutiona l, violation of Principles of Natural Justice and also in violation of Articles 14 and 21 of the Constitutron of lndia and consequently to direct the respondent No.5 to provide the protection to the petitioner life and liberty and to take the necessary action against the respondent Nos.6 to B who hatched a pl,an to kill the petitioner with deadly weapons and became as a accused persons in Crime No.103 of 2025 for offence 109, 115 (2) r/w 3(5) of BNS Act on 28.6.2025 of BNS Act on the file of the PS Rain Bazar. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 to provide the protection to the petitioner life and liberty and to take the necessary action against the respo ndent Nos.6 to B who hatched a plan to kill the petitioner with deadly weapons and became as a accused persons in Crime No.103 ol 2025 for offence 109, 1'15 (2) r/w 3(5) of BNS Act on 28.6.2025 of BNS Act on the file of the PS Rain Bazar pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents No.1to5 : ASST. GP FOR HCIME Counsel for the Respondents No.6to8 : The Court made the following: ORDER THE HON'BLE SRI JUSTICE II.V.SHRAVAN KUMAR Writ Petition No.26895 of 2o25 'l'his writ petition is filed seeking the following prayer: " . ..declaring the action of the respondent No.S in non-initiatinq to prouide the protection to the petitioner life and liberty ancl non-initiating to take the necessory action against the respondent Nos.6 to B utho hatched a plan to kill the petitioner uith deadly u.rcapons and became as a accused persons in Crime No.1O3 of 2025 lor offence under Section 109, 115 (2) r/ w 35 o,f 11t75', Act on 28.06.2025 o/ BIIS Act on the file of the PS Rain Bazar is highl.tl illegal, arbitrary unconstitutional, uiolation of Principles oi Natural Justice and also in uiolati.on. of Articles' 14 and 21 of the Constiltttion of India and consequently to direct the respondent 1Vo.5 to prouide the proteclion to the petiiicner life and liberty and to take the necessary ctclicn- aqainst the respondent 1y'os.6 lo B tuho hatched a pla.n to kill the petitioner uith deadiy weapons and became as a accused persons in Crime No.1O3 of 2025 for offence under Section-s 109, 115(2) r/u-t 35 o/BrYS Act on 28.C6.2025 of BNS AcL on tlrc file of the PS Rain Bazar..." 7 )

2. Heard learned counsel for the lretitioner and learned Assistant Gover-nment pleader for H,lme appearing on behalf of respondent Nos.1 to 5. With their consent, this writ petition is taken up for clisposal. Notice to respondent Nos.6 to 8 is dispensed r.r,ith.

3. The facts of the case in brief are that petitioner has been doing auto mobile business under the name and style of Rex-Automotive Agencies and also running the school by name RH Public School and eking his livelihood through the said business. it is submitted that resporLdent Nos.6 to 8 are neighbours of the petitioner who are re.siding nearby petitioner house. Respondent Nos.6 to B started occupying the public road and they have been causinE, disturbance. When the petitioner questioned .the same , respondent Nos.6 to 8 developed grudge against the p,slilisner and hatched a plan to harass the petitioner ancl created palic situation and abused the petitioner ancl his family members. Accordingly, petitioner approache,l respondent No.5 and lodged a complaint against respon<ient Nos.6 to 8. It is further submitted that respondent Nos.6 to g developed mg'd grudge against the petitioner and that on e.

27.06.2025, respondenr Nos.6 to g attacked the petitioner with deadly weapons and tried to kill the petitioner, resulting in grievous injuries. However, respondent No.5 did not initiate any action on the complaint of the petitioner. Questioning the same, the present writ petition is filed.

4. The Sub-lnspector of police, Rein Bazar poltce Station has placed a copy of instructions through learned Assistant Government pleader for Home stating that petitioner has lodged a complaint on 28.O6.2025 against respondent Nos.6 to g and accordingly a case in Cr.No.1O3/2025 dated 2g.06.2025 under Sections 109, 15(2) read with Section 3(5) of BNS against respondent Nos.6 to B have been registered. Based on the said complaint, respondent No.5 made a GD entry and directed Blue Colts and patrolling staff to keep surveillalce on respondent Nos.6 to 8 and that after finalization of enquiry, necessary action will be taken and now the matter is pending before VIII Addl.Chief Judiciai Magistrate at Hyderabad. As such, the ailegation that respondent No.S has not taken any action against the petitioner,s complaint I 4 isfalsearrdbilselessandacopyofFlRNo.lo3,l2()25dated 28.06.2025 has also been annexed with instructrons'

5.lnthatvie'r'r'ofthematter'sinceFIRN'r'103/2025 dated28.06.2025rLasatreadybeenregistere<lagainstthe accused persons, this writ petition is dispost-d of u'ith a direction to respondent authorities to follorv dr-te procedure as contemplated under larv for further course ol- action' Miscellaneouspetitions,pending,ifanl,.shallstand closed. However, there sha1l be no order as Lo costs //TRUE COPYII SD/.MOHD. ISMAIL EhUTY REGISTRAR $ECTTON OFFICER To,

1. The Principal Secretary, Home Department; secretariat Building, secretariat, State of Telangana, HYderabad.

2. The Director General of Police, Telangana State, Hyder'abad' 3. The Commissioner of Police, Hyderabad Commissionerate, Hyderabad' 4. The Assistant Commissioner of Police, Hyderabad Commissionerate, O/o Mirchowk, Hyderabad.

5. The Station House Officer, Rein Bazar Police Station, Hyderabad Commissionerate.

6. One CC to SRI RAPOLU BHASKAR, Advocate. [OPUC 7. Two CCs to GP FOR HOME, High Court for the State oJ Telangana lOUTl B. Two CD CoPies. BSK GJP HIGH COURT DATED:0910912025 2 3 iiiP 2025 * t) ORDER WP.No.26895 of 2025 DISPOSING OF THE WRIT PETITTON WITHOUT COSTS \