High Court · 2025

RABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 27905 OF 2025 Between: \a1aslngap_Charaq(uma.f, S/o. Samuel, Aged 53 years, Occ ; Private Typist, Caste sgheduled cgste, R/o. KNo. 9-177, sula Nagaf village, Tea utapalli' ME ndal, Bhad rad ri Kothagudern District. .....PETITIONER AND

1. The State of Telangana, represented by its Principal Secretary for Home Departnrent, Secretariat, Hyderabad.

2. The Director General of Police for the state of Telangana, Lakdi-ka-poo!, Hyderabad.

3. The Superintendent of Police, Office at Suryapet, Suryape District. 4. The Station House Officer, P.S. Chivemula, Suryapet District. 5. Mr. Maheswar, Station House Officer, P.S. Chivemula, Suryapet District. ....RESPONDENTS 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of mandamus, to declare the action of the respondent No.3 in not taking action on the petitioner's representation dated 8-9-2025 seeking to take necessary disciplinary action against the respondent No.5 who is working as respondent No, 4, being a public servant, but violating the official duty, for refusing his registered post complaints dated 1-9-2025 and 2-9-2025 which were sent to take necessary action against the driver of the tractor bearing no. TS 29 P 8622 for calsing accident on 22-8-2025, to his vehicle MAHENDRA BOLERO / cAR bearing no. TS 28 c .6gg9 in which he, along with his wife and driver were travelling from Hyderabad to their native viflage Sura nagar, Bhadradri Kothagudem district and sustained grievous injuries as the tractor driver drove the vehicle in rrrsh and negrigent manner in wrong direction is as being iregar, arbitrary, unconstitutionar and for other reriefs and vioration of articres 14, 1 6, 19, , 20 and 21 c'f the constitution of rndia and onsequenfly direct the Respondent Nos' 2 and :r to take necessary action on the petitioner,s compraint dated g-9- 2025 and further direct respondent no. 4 to take action on the petitioner's report dated 1-9-20:25. LA.NO:1 OF i2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass orders forthwrth directing the Respondent Nos. 2 and 3 to direct the respondent no'4 to take necessary action on the petitioner's representation dated g-g-2025. Counsel for the Petitioner: SRt PULLA RAO YELLANKI Counsel for the Respondents : AGp FOR HOME The Court made the following ORDER i j I I I // '/ Ii THE HON'BLE SRI .TUSTICE N.V.SHRAVAN KUMAR Illrit Petition No.279OS of 2O25 This writ petition is filed seeking the following prayer: "...to declare tlrc action of th.e respondent /' No.3 in not taking acti.on on the petitioners representation dated 08.09.2025 seeking to ta"ke necessary disciptinary action against the respondent No.S wln is working as respondent No.4 being a public seruant but uiolating *E official dutA for refusing his registered post complaints dated 01.09.2025 and 02.09.2025 which u)ere sent to take necessary action against the driuer of the tractor bearing no.TS29 P 8622 for causirry accident on 22.08.2025 to his uehicle MAHENDRA BOLERO CAR bearing lfo.IS 28 C 6889 in uhich he along with his wife and driuer were trauelling from Hgderabad to their natiue uitlage Sula nagq1 Bhadradri Kothagudem district and sustained grieuous iniuries @s the trqctor driuer droue tfle uehicle in rash and negligent manner in wrong direction is as being illegat arbitrary unconstitutional and for other retiefs ancl uiolation of Aaicles 14, 16, 79, 2O and 21 of tlte Constittttion of India and consequently direct tlte Respondent Nos.2 and 3 to tqke necessary action on the petitioners complaint dated 08.09.2025 qnd further d.irect respondent 2 No.4 to take action on the petitioners report dated o1.09.2025..."

2. Heard learned counsel for the petitioner and learred Assistant Government Pleader for Home appearing on br:half of respondent Nos.1 to 4. with their consent, this writ oetition is t.aken up for disposal. Notice to respondent No.5 is hereby dispensed with.

3. The facts of the case in brief are that petitioner and his wife after doctor check-up started to their native village i.e., llhadradri Kothagudem District and near chivemula juriscliction, a tractor driver driving in a rash and negligent manrrcr, hit petitioner's vehicle. The petitioner and his ,*'ife sustaincd serious injuries and tlle car was heavily clamaged. 'lhereafter, petitioner and his wife were shifted to Area Flospital, Suryapet and later were shifted to Kham mam for better treatment. In t]lat regard, petitiorrer filed a complaint on ol.o9.2o2s to respondent police. How'e',zer. respondent Police refused to register the FIR. In thal r'egard, petit-ioner sent the complaint through post. There,efter. on O8.O9.2025, petitioner made a r€preS;entation to respondent No.3 seeking to take action /' ,/' aJ against respond.ent No.S, working as Station House OfIicer, who has not acted upo.n petitioner's complaints dated O 1 .09.2025 and O2.O9.2025.

4. Learned Assistant Government Pleader for Home, on instructions, submits that already an FIR has been registered on the accused persons basing on the complaint of the petitioner in FIR No.264/2025 under Section 125(a) of BNS on 15.09.2025 and investigation has been taken up. The copy of FIR has also been served to the learned counsel for tJle Petitioner." i I

5. At this, learned counsel for the petitioner submits that respondent Police has registered FIR on the date of { L filing of writ petition.

6. Per contra, learned Assistant Government Pleader for Home refers to section 173(3X1) of BNSS and stated that after receiving the complaint, an FIR can be registered within 14 days and tllat respondeht No.4 had follorved due procedure in registering the FIR and prayed to dismiss the present writ Petition. 4

7.ln that view of the matter, since FIR No.264/2o2s has efready been registered against the accused persons, this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under law for further course of action. similarly, respondent No.3 is also direbted to consider the reprerientation ol'the petitioner dated oB.o9.2o2s served by way of RPAD and take appropriate action. Miscellaneous petitions, pending, if any, shail stand closeci. However, there shall be no order as to costs. //TRUE C)pytt SD/. A.H.S. GOWRI SHANKAR ASSTSTANTj_EGISTRAC e sEcTtoN oFF|CER ]ifir['S:ffl.Secretary, Il:i:f:fr General or Police for the state of retansana, Lakdi-ka-poot, Home Department, secretariat, state of Tetansana To 1' 2' ill:Sifr il,"J,.="Jt",[,:"T?:i;[&rit3#[d;i6i3iia:.i 5. Mr. Maheswar, Station Holse 6. r*o cr:. to gelon HonaE]High c.iuriror-tn"'Ji"15b,'yy,3ffi:PiT" 7. ONE CC tO ShI PULLA RAO YELLANKI, AdVOCAIE TOPUC] lyderabad IOUTI _ 8. Two CD Copies SA GJP ?ltc.. HIGH COURT DATED:16/09/2025 'tHE SI;l .Jl o c) 2 2 JAN 2[2[ :.- r, ) I ? * 1t, ORDER i WP.No.1l7905 of 2025 I DISPOSING OF THE W.P WITHOUIT COSTS. 5 t' l'c