Javed Ali syed v. 1. The State of Telangana

5. Pailavath Bhaskar, s/o Patlavath Kishan,Ag.gd 30y.r occ. Business Fl/o H.No.5-1e, pair;;riini fnindJ Nagrram Village, lt/ahewaram Mandakl Ranga ReddY District. sved Adnan, S/o Syed Jameel, Aged 40 yrs., occ Business FVo 7-18, "Farooq Nagar, Ranga Reddy District' ilLi"1l.n";ffi ffirsrr, Viriage, 6 .....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 any appropriate Writ, Order or Direction, more particularly one in the nature of wRlr oF IvIANDAMUS, declaring that the inaction of the 4th Respondent herein and his subordinates in conducting proper investigation in crime / FIR No.11 5 of 2025. dated 14.04.2025 registered for the offences under sections 127(2\, 32g (41, 324(4),351(3), 352 read with 3(5) of BNS Act, 2023 against the Respondent Nos. 5 and 6 and taking suitable legal action against , , them is arbitrary, illegal, high handed, capricious, violate the fundamental rights guaranteed to the Petitioner under Articles 14,21of the Constitution of lndia and also being in violation of the principles of natural justice and fair play and consequently direct the Respondent No.4 and his subordinates herein to conduct proper investigation in crime / FIR No.11 5 of 2025, dated 14.04.2025 registered for the offences under sections 127(2),329 (4),324(4),351(3)' 352 read with 3(5) of BNS Act, 2023 against the Respondent Nos. 5 a4d 6 and file Final Report to the Hon'ble Court concerned |.A.NO:1 OF 2025 a 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 Respondent No.4 and his subbrdinates herein to conduct proper investigation in Crime / FIR No.11 5 of 2025, dated 14.04.2025 registered for the offences under Sections 127(2),329 (4),324(4),351(3), 352 read with 3(5) of BNS Act, 2AZ3 against the Respondent Nos. 5 and 6 and file Final Report to the Hon'ble Court concerned. a Counsel for the Petitioner : SRI K.SAI BABU Counset for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 & 6 : - The court at the stage of admission made the following oRDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27915 of 2ol25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos.l to 4. With their consent this writ petition is taken up for disposal at the admission stage itself. Notice to respondent Nos.5 and 6 is hereby dispensed with.

2. This writ petition :s filed seeking following prayer:- "...declaring that the inaction of ttle 4th Respondent herein and his subordinates in conducting proper inuesttgation in Crime/FIR No.115 of 2025 dated 14.04.2025 registered for the offences under Sections 1242), 329(4), 324(4), 351(3), 352 req.d uith 35 of BNS Act, 2023 against the Respondent lVos.S and 6 and taking suitable tegal action against tLrcm ts arbitrary illegal high handed capricious uiolate the fund.amental rights guaranteed to the Petitioner under Articles 14, 21 of the Constitution of India and also being in uiolation of tte principles of naturat justice and fair plaA and. consequentlg direct the Resptond.ent No 4 and his subordinates herein to conduct proper inuestigation in Crime/ FIR No.115 of 2025 dated 14.04.2025 registered for th.e offences under Sections 127(2), 329(4| 324(4), 351(3), 352 read. utith 35 of BIVS Act, $23 against the Respondent Nos.S and 6 andftle Final Reportto the Honble Court concerrled..." / i I 2

3. Brief facts of the case as stated are that petitioner is running a restatrrant in the n€une and style of 'Hill Park Restaurant' near NH44 at Mahabyb Nagar. It is submitted that on 13.04.2025 after petitioner returned to home from restaurant and when only the staff of the petitioner are at restaurant, at about 1.OO AM in the midnight few persons claiming that they have purchased the said land, along with JCB and Hitachi Vehicies carne to the restaurant and snatched the mobile of watchman and darnaged the front yard and EV Charging Center and also threatened to kill the watchman. The sarne was later informed to the petitioner. It is submitted that in the year 2003, the petitioner sold the land adjacent to the said restaurant to one Mohd.Asif and later the petitioner carne to know that said Mohd.Asif sold the said land to one Bhaskar. It is known that the said Bhaskar along with one Anan trespassed into petitioner's restaurant and damaged the property. Accordingly, on L4.o4.2025, petitioner lodged a complaint before respondent No.4 and respondent Police visited scene of offence and conducted panchanarna in the presence of mediators, however, later respondent Police have not proceeded with the investigation. Questioning the sarne, the present writ petition is filed. 3

4. The Sub-Inspector of Police, Balanagar Police Station, Mahabubnagar District has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit, that on 14.04.2025 at about 9.0O AMrthe petitioner lodged complaint to respondent No.4 narrating all the above said events. Basing on the said complaint, respondent No.4 registered a case in Cr.No.ll5/2025 under Sections 127(2l', 329(41, 324(4), f ( 352 read with 3(5) BNS on L4.O4.2O25 against said Bhaskar and others. During the course of investigation, respondent No.4 issued notice under Section 35(l)(b) of BNSS to the said Bhaskar and others. It is further submitted that some more witnesses have to be examined and evidence to be coliected and the case is under investigation and after completion of investigation, appropriate action will be taken against the accused persons in accordance to law

5. In that view of the matter, this writ petition is disposed of directing the respondent authorities to file the appropriate charge sheet/final report as expeditiously as possible by following due procedure as contemplated under law before the jurisdictional Court. 4 Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SD/. A.H.S. GOWRI SHANKAR REGISTRAR ASSIST //TRUE COPY// N OFFICER To

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

2. The Superintendent of Police, tMahabub Nagar D^istrict tMahabub Nagar. 3. The Deputy Commissioner of Police, Jadcherla-City. 4. The Stdtion House Officer,, Bala Nagar Police Station, tt/ahabub Nagar Town 5. Two CCs to Gp FOR HOIVIE, High Court for the State of Telangana at It/ahabub Nagar. Hyderabad. IOUf]

6. Ohe CC to SRI K.SAI BABU, Advocate [OPUC] 7. Two CD Copies SA GJP CN. a a \ \ ,t t t t HIGH COURT DATED:16/0912025 "i $E. S I4;- (7 .i ! O ( a o t'l 1 g cEr z$fi .\ a * jj r, /: r? ORDER WP.No.27915 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. o$h; 'a :i : ,l t i t E €