The High Court · 2025
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...RESPONDENTS . Petrtion under Articre 226 of rhe constitution of rndia praying that in the crrcumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particurarry one in the nature of writ of rr4andamus, decraring the action of the Respondent Nos.2 to 4 more partrcularly the 4th respondent in failing to initiate action for conducting the investigation pursuant to the registration of crirne in F.l_R.No..l7g of 2025, dt.24.06.2025 till date as illegar, arbitrary, uncon stitlrtional and contrary to the provisions of BNSS Act and consequenfly direct the Respondent Nos.2 to 4 to forthwith inrtiate further action for conducting the investigation pursuant to the registration of crime in F.l.R.No 178 of 202s, d1.24.o6.2025, in the interest of justrce E I ! lA NO: 1 OF 2025 Petition under section 15'1 cpc praying that in the ri cumstances stated in the affidavit filed in support of the petition, the High co rt may be pleased to direct the Respondent Nos.2 to 4 to forthwith initiate Iur -rr I action by conducting investigation in F l R No l78 of 2025, dt.24 06 2O2S penl rg on the file of 4th respondent, pending disposal of the above writ petitior, Counsel for the Petitioner: SRl. C HARI PREETH Counsel for the Respondents: AGp FOR HOME The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26380 of 2025 ORDER IIeard le.rrned counscl for thc pelitioner .rnti lcarned Assistant Govcrnment ['lcarler for Home aprpearing for respondcnt Nos.1 to 3 With thcir consent, this lvrit pctitior-r is bcitrg takcn up for tlisposal at thc admission sta[Je
2. -l his r'vrit petition is filcri questiouirrs t[]e action of tlre respontlent Nos.2 to 4 ntore particularly '1rl' respotttletrt in failing to initiate action [or conclucting tl're investigatiou ;rursttant to the registration of Crime irr F.l.R.No.178 of 2025 r-tated 24.06.2025 till date as being illegal, arbirrary, unconstitutional and contrary to the provisions of BNSS Act and seeking a consequential c{irectior.r to the rcspondent Nos.2 to 4 to forthwith hitiate furthei action for conc{ucting the invcstil;.rtiou pursuatlt to the regish'atior-t of crirne in F.l.R.No.178 of 2025 tlatetl 24.06.2025
3. Learnecl Assistant Govertrmcnt Plearler appcaring for Homc has submitted \ ,rittcn instructions strbtnittecl bv Sub-Lrspector of Police, BDL- Bhanoor Police Station, Sangarcrldv District whercir-r it is submitted that complainant has given complaint tlated 10.06.2025 to the 4ft respondent stating that shc had purchased a JCB Machine bearing registration No.'fS-O8- GU-4097, which was financed by YIIS Bank and complainant has prc-closcd the entire loan arnount cti Rs.7,43,870 /- along with the applicable penalty on 2
05.06.2024 and as per the bank managcr's confirmatiorr, n r lucs ru'ere pcn<iing against the petitioner loan account. It is further subtnitiei hat on 08.04.2025 a group o[ unidentified persons claiming to be bank a!]i r s, .lcc()nlpanrcd b1' local gocxrdas Lrt'spassetl into her c()nstruction sitc, phr- call',',rssaultocl hcr and her employccs with dire consequences and took ar v the lClJ machinc and had falsell'cJaimed that an aclclitional pcnalty amtrL: - of Rs.26,()23/-."r,as still pending, lr,hich is complctelv untruc ancl 'contri ( i lor'\' kr the bank's official communication. [t is further submittecl that pe ti i r:rer alrt,atly Ioclget{ a cornplaint regarding this incidenl orr 08.0,1.2025 but, rr, ,11',g',rr' .r.tir)n sccr.rls to ha','c bcen takcn yet. It is subrnittcci that as per tlrt lror c coLr plaint, :ltl' respondent registcred a case in Crime No.17i\ of 2025 a1: nst r\-1 Nlr. Prasad, Recovery Manager of Yes Bank anrl Bank l(ecovcrr, . \ ., , rts antl I he case is undcr investigation and thereaftel a notice has becn i,;: r i,d trntlr.,r Scction 94 of. BNSS, collected relevant clocumcnts from cco\ cl\ rnarlagcr. Subscquently, rt revcaled tl'rat tl-re borrowcr r,prcsentccl by its partner/ petitioner had availed two commercial loans r. rr thc bank anrl both loans became delinquent. Accordingly, the ban[, irritiatcd reco\/crv proceedings and repossessed one 'r,ehicle (Engine r.c.I{00238571, Chassis Ncr.RAJ3DXSSL02840824, Makc & lvlodel: 3DX) on 0i ).f.2025 br follorvirrg clue process and prior thereto, the bank had issuer t ple-sale notice on 7L.04.2025 and affordeci the borrower an opporhrr iv to rcg.rlarize the account, however the borrower failed to make rcp,.r,rnent or adjust the overdue amount. It is further submitted that investiti t i,n is still in progrcss \ \ \ I t 1 1 I 3 fcr collection of additional rnaterial cvidence to procecd further and the case will be finalized on the basis of thc evidence collectcd and upon completion of investigation, appropriate action u,ill be taken against the alleged persons as per larv +. Learned Assistani Cirvc'rnmcnt Plc.rrlcr appealing for Homc subrnits that F.l.R has bcen registcrccl and casc is undcr invcstigation and they would take appropriatc stcps strictly in accorrlance wilh law and follow due procedure as contcmplated unclcr larv 5 Recording the sanie, this rtrit pctrtion is disposed of with consent ciirecling the responrlent a uthorities to expcdite the inve stigatior-L anc{ conclude the investigatir)n as earh as possilrlr- bl,follorving the duc proccdure as contemplated under [ar.' 6 With these observations, tl-Lis u,rit petition is rlisposcd of with conscnt Miscellaneous applications, if any pencling, sl-rall stand closecl. No order as to costs To, SD/-M. JAWAHAR RED ASSISTANT REGI R //TRUE COPYII SECTION OFFICER District. '1. The Principa.l Secretary_Home Department, Secretariat, T.S.,Hyderabad. 2. lhe Superintendent of Police, Sanqareddv Distrrct 3. The Deputy Superintendent of poli6e, patbncheru Sub-Division, Sangareddy 4. The Station House Officer, Bhanoor police Station BDL, Sangareddy District. 5. One CC to Ms. C. HAR| PREETH, Advocate tOpUCI 6. Two CCs to GP FOR HOME ,High Court for the Stat'e of Telangana at 7. Two CD Copies Hyderabad [OUT] " BM BS HIGH COURT DATED:2510912025 ORDER WP.No.26380 of 2025 'r IE :'IA o$( o u i"lll rlltb Z o I I i/ '!!yy> DISPOSING OF THE WRIT PETITION WITHOUT COSTS I i I a4 lalat