Mir Ahmed Ali 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 a Writ of Mandamus or any other appropriate writ, order, or declaring the action of the Respondents as illegal, arbitrary, and violative of the principles of natural justice, and be pleased to quash the same in the interest of justice, specifically directing Respondent No. 3 to forthwith register an FIR based on the Petitioner's complaint dated August 30, 2025, acknowledged vide No' HYD/MLPT.HYD/300825/0058, disclosing cognizable offenses under the Bharatiya Nyaya Sanhita, 2023, including Sections 115 (hurt)' 127 (wrongful confinement), 3'18 (cheating), 351 (criminal intimidation), and 303 (illegal seizure), and to conduct a thorough investigation in accordance with law, while directing Respondent No.2 to oversee compliance, ensure the return of the Petitioner's Honda Activa 6G Scooter (Chassis/Frame No' ME4JF18HAGO571452), and provide adequate protection to the Petitioner and his family frorn ongoing threats, as the Respondents' inaction, suspected collusion, and lailure to act despite prima facie evidence supported by Medico- Legal Certificate No. 3149 and payment receipts totalling over Rs 27,OOO violate Sections 173 of the Bhartiya Nagarik Suraksha Sanhita, 2023, and the Petitioner's furdamental rights under Articles 14 and 21 of the Constitution of lndia, filed at 05.23 PM IST on September 06, 2025. 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 pass an interitn order until the disposal of the present petition, directing the Respondents to immediately ensure the safety of the Petitioner and his family, facilitate the return of the Petitioner's scooter, and restrain the accused at the Malakpet HonCa Service Center from further threats or interference in the interest of justice and to prevent irreparable harm, pending the final adjudication of this writ petilion. Counsel for the Petitioner: SRl. MD FASIUDDIN Counsel for the Respondents: SRI G. ANIKETH REDDY, AGP FOR HOME The Court made the following: ORDER (: THE HONOURABI,E SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28597 of 2025 ORDER: Heard learned counsel for the petitioner and Sri.G.Aniketh Reddy, learned Assistant Govcrnment Pleader for Home appearing for respondent Nos.1 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 dzclare the actiort of the Respondents as illegal, arbitrary, and aiolatirse of tlrc principles of natural justice, and be pleased to quash the some in tlrc interest of justice, specifically directing Respondenf No. 3 to fortfuuitlt register an FIR based on the Petitioners complaint dated August 30, 2025, acknoruledged aide No. HY D / MLPT . HY D /300 825/0 05 8, disclo sing co gnizable ffi nse s ultde r tlrc Bhsrntiya Nyaya Sanhita,2023, including Sections'1.'15 (hurt), L27 ftorongful confinement), 378 (cheating), 351 (crininal intimidation), and 303 (illegnl seintre), and to conduct a thorough irutestigation in accordance ruith laru, zohile directing Respondenf No. 2 to ooersee complinnce, ensure the retunt of tlrc Petitioners Honda Actitta 6G Scooter (Clussis/Frnme No. ME4|F1.8LIAG0571452), and prooide ndequate protection to tlrc Petiticner nnd ltis fanily from ongoing .thrents, as tlrc Respondents innction, ntspected collusion, nnd failure to act despite primn facie eaidence supported by Medico-Ingal Certificate No. 3149 and payruent receipts totalling ouer X27,000 uiolate Sections 173 of the Bhnrtiyn Nagarik Suraksha Sanhita, 2023, and tlrc Petitionerb fundamental rights under Articles 14 and 21 of the Constitution of India, fled at 05.2i PM IST on September 06,2025.'

3. Brief facts stated in this writ petition are that the petitioner claims to be the owner of Honda Activa 6G scooter (Chassis/Frarne No. ME4JF18I{AG0571452). The case of the petitioner is that on 10.07.2025, petitioner had handed over the scooter to Malakpet I{onda Service Centre for servicing and after servicing when there was same problem, petitioner approachecl the servicc centre and requested them either to repair the scooter or refunc{ his money. It is further subrnittecl that instead of repairing scooter, \ \ \I Etfr 2 staff of service centre demanded adCitional amount and lvhen the petiticner refused to pay the same, they attacked the petitioncr. I{ence, on 30.08.2025 petitioirer Lodgecl a complaint and requested respondent No.3 to take action. However, till date no action is initiated. Aggrieved hy the same, this writ petition is filecl.

4. Learned r\ssistant Goverrunent Pleader fcr Home appearing for respondents pray this Court to pass appropriate orders.

5. Recording the submissions rr.ade by the learrred counsel appearing on either side anci r,vithout cxpressing any cpii'rion on tire merits of the case, this writ petition is rjisposecl of directing respondent autl'rorities to consider the petitioner's cornplaint dated 30.08.2025 and take further course of action strictly in accordance with law.

6. Wi:h the above direction, this writ petition is disposed of. Iv{iscellan,:ous applications, if anv pending, shall stand closed. No order as to costs. / To, SD/- S.MALLIKARJUNA RAO ASSISTANT REGISTRAR /TRUE COPY// L2 SECTION OFFICER

1. The Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad, Telangana.

2. The Corrmissioner of Police, Hyderabad City Police, O/o Commissioner of Police, l-ower-A,_lqCC Building, Road No. 12, Baniara Hills, Hyderabad, Telangana - 500034. 3. The station Hoys-q_offi9g1, llqlakpet.Police Qlalion, Hyderabad, Telangana. 4. One CC to SRl. tUD FASIUDDIN: Advocate tOpUCI 5. Two ccs to GPfoR HOME ,High court forihe staie of relangana at 6. Two CD Copies Hyderabad [OUT] BM PSK HIGH COLIRT DATED:22).10912025 ORDER WP.No.28697 of 2025 1HL s,rA ,6 1R () o 0 g rE8 2026 .Z * DISPOSING OF THE WRIT PETITION WITHOUT COSTS q \t