The High Court · 2025

Judgment

4. The State of Telangana, Represented by its Principal Secretary, Home department, Telangana. Statlon House Officer, Shalibanda Police Station, Ali Nagar, Aliabad North, Aliabad, Hyderabad, Telangana, 500 065 Shama Noor, Sl, Shalibanda PS, Shalibanda Police Station, Ali Nagar, Aliabad North, Aliabad, Hyderabad, Telangana, 500 065 Syed Ashfaq Ahmed Naqvi, S/o Syed Muzaffar-Ul-Hassan Naqvi aged about 40 R/o 19-3-5431451A Ali Nagar, Aliabad, Charminar, Hyderabad, Telangana 5000s3

5. Syed Younus Ahmed Naqvi, S/o Syed Muzaffar-U1-Hassan Naqvi aged about Ryo 19-3-543/45/4 Ali Nagar, Aliabad, Charminar, Hyderabad, Telangana 5000537 ...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the aff idavit filed therewith, the. High Court may be pleased to issue a Writ or Order or Direction, particularly one in nature of Writ of Mandamus, questioning the illegal action of the Respondent No. 3 who is the Sl and investigating officer in two FlRs Nos. 3 of 2025 daled 11-01-2025 and 15 of 2025 daled 07 -O2-2O25 from Shalibanda PS and in harassing the Petitioner and being openly hostile and making statements with regards to the bonafides of the Petitioner and further to transfer the investigation of FIR Nos. 3 of 2025 dated 11-01-2025 and 15 of 2025 daled 07-02-2025 from Shalibarda PS to CCS PS Hyderabad and consequently change the@ as well . Counsel for the Petitioner: SRI OMAR A PASHA Counsel forthe Respondents No 1 & 2: AGP FOR HOME Counsel for the Respondents No 3 To 5 : -- The Court made the following: ORDER i I i I I I I () THE HON'BLE SRI JUSTTCE N.V. SHRAVAN KUMAR Writ Petitlon No.2a624 of2O25 This writ petition is filed seeking the following prayer: "...questioning the iilegal action of the Respondent No.3 who js fhe SI and. inuesttgating officer in tuo FIRs l{os.3 of 2O2S dated 11.01.2025 and 15 of 2025 d.ated. 07.02.2O25 from Shalibanda pS and in harassing the Petitioner and being openly hostile and. maktng statements u.tith regards to the bonafid es of the Petitioner and further to transfer the inuestigation o/F1R.iVos.3 of 2O25 dated 11.01.2025 and 15 of 2025 dated 07.02.2025 from Shalibanda pS to CCS PS Hgderabad and. consequentlg cltange the IO as tuell. . . "

2. Heard learned coun sel for the petitioner and learned Assistant Government pleader for Home appearing on behalf of respondent Nos. I and 2. With their consent, this writ petition is taken up for disposal Notice to respondent Nos.3 to 5 is heretry dispensed with.

3. The facts of the case in brief as stated are that p€titioner claims to be principal of India Royal School 2 which falls under New Star Educational rLIrd Welfare Societ5r. The petitioner is also General Secre [ary of New Star Educational and Welfare Society and th rt petitioner has liled a criminal complaint against resp,r .rdt:nt Nos.4 and 5 and others before respondent No.3 for e: obezzlement of funds, cheating, criminal breach of tr t :;t and for assaulting minor children. Accordingly, resp rndent No.3 registered FIR Nos.3/2025 dated ll.OI.2025 znd 15/2025 dated 07.02.2025. It is submitted that when he FIRs are pending against respondent Nos.4 and 5, thel ha,re broken the lock of second floor of the school and re -r ovr:d all the furniture and started repainting the school r*', .lls and also removed CCTV cameras and installed their cir rLcras in the second floor as well as in the first floor. Wlr le unofficial respondent Nos.4 and 5 are indulging in s,u,:h illegal activities, respondent No.3 Police have nc 1 trtken any action. Questioning the same, the present u r I petition is filed.

4. The Sub-lnspector of Police, Shah Ali larrda Police Station has placed a copy of instructions thr r ugh learne d Assistant Government Pleader for Home and v ould submit t I 3 that on complaint of the petitioner herein, the respondent Police lodged FIR No.3/2025 dated 11.01.2025 under Sections 318(4), 316(21, 3s1(2), 11s(2), 324(41 read with 3(5) of BNS and FIR No.15/2O25 dated 324(4) read with 3(5) of BNS against respondent Nos.4 and 5 and investigation has been taken up. On 03.03.2025, the Investigating Officer issued notice under Section 94 BNSS to the petitioner and obtained necessar5l documents and that after finalization of the enquiry, appropriate report will be fited before the competent Court and accordingly, pray-e.{.}o dismiss the present writ petition. ,1 \

5. karned counsel lor the petitioner submits that respondent Police has not taken any material evidence into consideration and there \\'as no progress in the investigation.

6. In that view of the matter, since the petitioner has already submitted a letter along r.r'ith all relevant documents, this writ petition is disposed of u'ith a direction to respondent No.3 to cxamine the aforesaid documents and take up further investigation as expeditiou sly as 4 possible and file the report before the conr r r.nr:d Court. Needless to state that petitioner shall cooper rte with the investigation. Miscellaneous petitions, pending, if an1 , shall stand closed. However, there shall be no order as to : )sts. SD/. U.SUDHA ASS I ;TANT REGISTRAR ('' SECTION OFFICER I /,TRUE COPY// To,

1. The Principal Secretary, Home department, State of Te; ngana, Telangana 2. Station House Officer, Shalibanda Police Station, Ali Nzr ar, Aliabad North, Aliabad, Hyderabad, Telangana, 500 065

3. One CC to SRl. OMAR A PASHA Advocate [OPUC] 4. Two CCs to GP FOR HOME ,High Court for the State o Telangana at Hyderabad. [OUTI

5. Two CD Copies DAN TKS /q- HIGH COURT DATED:2210912025 ORDER WP.No.28624 ot 2025 sRY €' C) t 2 r fi:B Zl,25 I ! I * O^ | 't\T()\ c0 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS (r, A{ or\'\*