Ashraf Ali Shaik v. The State of Telangana

Occ. Gold work, Ri/o.Plot No.74, HMT ffircers Colony, Alwal, Secunderabad, Hyderabad.

8. Uppalapu Sai Krishna, S/o.Srinivas, ag€d about 32 years, O-cc. Gold work, Rl/o. Vemanapalli Mandal, Mancherial District. Petition Under Articte 226 of the Constitution of India pralng that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one in .....RESPONDENTS the nature of Writ of MANDAMUS declaring the action of the official respondents more particularly the action of the 3rd respondent in not recovering the entire stolen property i.e., 50 Tulas gold in connection with F.l.R.No.100/2025, dated 06-07-2025 and conducting an eye wash investigation as arbitrary, illegal and violative of rights guaranteed under Articles 14, 21 and 300-A of the Constitution of lndia and also contrary to the spirit of the provisions of BNS and BNSS and consequently direct the respondents 2 and 3 to recover the entire stolen property of 50 tulas of gold from the accused pertaining to the F.1.R.No.10012O25, daled 06-07 -2025 and also direct the 3rd respondent to conduct the speedy investigation on priority basis. I.ANO:I 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 respondents 2 and 3 to recover the entire stolen property of 50 tulas of gold from the accused pertaining to the F.l.R.No.1OO|2O25, dated 06-07-2025, pending disposal of the above writ petition. Counsel forthe Petitioner: SRI VADLAKONDA RAVI KUMAR REDDY Gounselforthe Respondent Nos.1 to 3: AGP FOR HOME Counsel for the Respondent Nos.4 to I : - The Court made the following ORDER !. This writ petition is filed seeking the following prayer: "...declaring the actton of the offial respondents more particulaAA th.e action of the 3rd respond.ent in not recouering tlte entire stobn propertg i.e., 50 Tulas gold in annection urith .FIR./Vo. lOO/ 2025 d.qted 06.07.2025 and conducting an eAe wash inuestigatbn as arbitrary, illegal and uiolatiue of righfs guaranteed under Articles 14, 2l and SOOAof the Constihttion of India and. also antrary to tle spirit of the prouisions o/ B/VS and BNSS and. corlsequentlg direct the respond.ents 2 ard. S to recouer tle entire stolen propertg of SO ttttas of gold from the acq,rsed pertaining to tle ^FR./Vo. lOO/ 2025 dqted 06.0Z.2025 and. also direct 3rd respondent to conduct tlrc speedg inuestigation on priority basis. .. "

2. Heard learned counsel for the petitioner a'd learned Assistant Government preader for Home appearing on behalf of respondent Nos. 1 to 3. with their consent, this writ petition is taken up for disposal. Notice to reSpondent \ Nob4 to 8 is dispensed with. 2

3. The facts of the case in brief are that petitioner is a gold smith by profession and on assurance of respondent No.4, respondent No.5 joined the petitioner as worker' Respondent No.6, who is relative of respondent No'4, used to regularly visit petitioner's shop. On 26.06.2025' respondent No.4 went to Secunderabad with 50 tulas of gold from petitioner's shop for potishing. Thereafter, inspite of repeated calls and efforts, respondent No.4 did not return to the shop and respondent Nos.S and 6 also did not respond t<ir the petitioner. Accordingly, petitioner lodged complaint before respondent No-3 on 06-07-2025 and a case was under Sections 316(2), 318(4) of BNS against respondent Nos'4 to 6- Thereafter, on 27.08.2025 respondent Nos.4 to 7 were remanded to judiciat custody and thereafter released on bail. It is further submitted ttrat in the remand report, it is stated that only 9 tulas of gold was recovered out of 5O tulas. Questioning the said inaction of respondent Police in recovering ttre entire stolen gold, the present writ petition is filed. -/ J

4. The Sub-Inspector. of Police, Bellampally I Town Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home stating tlrat on 08.07 .2025, the petitioner has lodged a complaint before respondent Police with regard to stolen gold. Basing on the said complaint, respondent Police registered a case in Cr.No .LOOl2025 ar;rd during the course of investigation, on 2.08.2025 at O4.00pm respondent potice apprehended respondent Nos. 4 to 6 and recovered 9 tulas of gold' It is further submitted that as per remand case diary, respondent No.8 is absconding and unless his presence is Secured, respondent Police cannot proceed further with the \ investigation. I I

5. Learned counsel for the petitioner submits that tlle entire stolen gold belongs to his customers and unless the Same was recovered, the petitioner cannot return the gold to the customers and pray this court to pass appropriate orders. i t.

6. In that view of the matter, since FIR No.lool2o25 has already been registerecl against respondent Nos'4 to 8 4 and according to remand case diary, respondent No.g is absconding who alleged to have been in possession of 46 tulas of gold, this writ petition is disposed of with a direction to respondent authorities to swiftly take action in securing the presence of respondent No.g for investigation. It is made clear that this Court had not expressed any opinion on the merits of the case and the respondent authorities shall follow due procedure as contemplated under law for further course of action. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// of Home, Dr. at Hyderabad GOWRI SHANKAR ANT REGISTR.AR CTION OFFICER r Telangana Commissionerate, Ramagundam, To

1. The Principal State Secrela 2. The Commissioner, Ramagundam District.

3. The Station House Officer, Bellampalli l-Town Police Station, Beilampaili, 4. Two to GP FOR HOME, High Court for the State of Tetangana at Districl. RAVI KUMAR REDDY, Advocate TOPUCI Hyderabad. I 5. One CC to SRI 6. Two CD Copies SA PMK f I t' I a-, II rtE STA S og JrN?t[6 * * * HIGH COURT DATED i1510912025 ORDER WP.No.27832 of 2025 ISPOSING OF THE W.P UT 6