The High Court · 2025
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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus, declaring continued inaction of the Respondent Police in arresting the accused in Cr.No.1167 of 2025 dated 16.06.2025 registered under section 109 of BNSS, 2023, after lapse of more than three months, is arbitrary, unjust, and u nconstitutional, consequently direct the Respondent No.3 to immediately arrest all the accused to preserve the evidence and eye witnesses and further direct the investigation officer to conduct the investigation in prompl rnd impartial manner and file the report before the concerned magistrate as expe(l tiously as possible. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci cumstances stated in the affidavit filed in support of the petition, the High Court m: y be pleased to direcl the Respondent No.3 to immediately arrest all the accu sed to preserve the evidence and eye witnesses and further direct the investig;r ion officer to conduct the investigation in prompt and impartial manner and file he report before the concerned magistrate as expeditiously as possible. Counsel for the Petitioner: SRI SYED ADIL AHMED QUADF I Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER (., THE HON'BLE SRI JTISTICE N.V.SHRAVAN KUMAR Writ Petition No.28155 of 2O25 This writ petition is fi1ed seeking the following prayer: "...declaing continued inaction of the Respondent Police in anesting the acansed in Cr.No.l167 of 2025 dated 16.06.2025 registered under section 109 of BNSS, 2023 afier lapse of more than three months is arbitrary, unjust and unconstitutional consequentlg direct the Respondent No.3 to immediatelg arrest all the accused to preserue the euidence and eAe uitnesses and further direct tlrc inuestigation officer to conduct tLrc inuestigation in prompt and impartiat manner and file the report before the concerned magistrate as expeditiouslg as possible. . . "
2. Heard learned counsel for the petitioner ald learned Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal.
3. The facts of the case in brief are that petitioner claims to be absolute owner and possessor of Plot No.295 admeasuring 6O sq.yds., in Sy.No.86 of Fandhamguda .,] ..:,1 2 Village, Brindavan Colony, Gandipet Mardal, langa Reddy District. It is submitted that when the pi titioner was carrying out construction works in the said : ot, the 1ocal Corporators started disturbing the petitioner : y attempting to trespass without any valid title o - document. Accordingly, petitioner filed a complaint datec
08.03.2025 before respondent No.3 against Corporator. t is further submitted that respondent Police failed to re6,i ;ter FIR and a-lso failed to conduct fair investigation. It is tlr : case of the petitioner that the said accused persons once € gain tried to dispossess the petitioner's watchmal from the construction site and also stolen construc _ cn materia-l from the site and the petitioner herein tl ed another complaint dated 15.O6.2025 before respondt: tt No.3. On
16.06.2025 again the accused persons zr tacked the petitioner a-long with 7-8 anti-social elements rnd tried to dispossess the petitioner. petitioner mmediately approached Police Station and lodged co:.r .plaint and accordingly al FIR was registered for attemlr to murder against the accused under Section 109 BNSS lOWeVer, no other sections were implicated against t I .e accused persons. The main grievance of the petitioner s that even l t' I I I l j 3 after registering FIR, no action has been initiated against the accused persons. Questioning the same, the present writ petition is filed.
4. The Sub-Inspector of Police, Narsingi Police Station has placed a copy of instructions through iearned Assistant Government Pleader for Home and would submit that basing on the complaint of the petitioner, respondent Police registered a case 1n Cr.No.1167 12025 dated 1,6.06.2025 under Section 109 of BNS and investigation t ( has been taken up. The accused persons ftled anticipatory bail petitions before this Court and obtained alticipatory bail by order dated 14.08.2025. Later, the Investigation Officer issued notices under Section 35(3) BNSS on
20.08.2025 and investigation is under progress and that after finalization of investigation, appropriate report will be filed before the competent Court. As such, the allegation that respondent Police has not taken any action against the petitioner's complaint is false and baseless and a copy of FIR No.Ll67 /2025 has also been arnexed with instructions. 4
5. In that view of the matter, since FIR It ).)767 12025 has already been registered against the acc- sed persons, this writ petition 1S disposed of with a direction to respondent authorities to follorv due p ocedure as contemplated under law for further course of : :tion \ To Miscellaleous petitions, pending, if an.., shall stald closed, However, there sha11 be no order as to ( osts. //TRUE COPY// Sd/ P.C. SULEKHADEM AS{ ISTANT REqt'RAR .\ 'TSECTION OFFICER
1. The Principal Secretary (Home), State of Telangarr; i Dr. B.R. Ambedkar Secretariat Bhavan, Secretariat, Hyderabad, Telanganr .l
2. The Commissioner of Police, Cyberabad Po i :e Commissionerate, Gachibowli, Hyderabad.
3. The Station House Officer, Narsingi Police Statio r, Narsingi, Gandipet Nrlandal, Ranga Reddy District.
4. One CC to SRI SYED ADIL AHN/ED QUADRI, Advoce t : [OPUC] 5. Two CCs to GP for Home, High Court for the : iate of Telangana at Hyderabad. [OUT]
6. Two CD Copies PVL/MP -)p, I ,l I l l q I I HIGH COURT DATED:1710912025 ORDER WP.No.28155 of 2025 f t * t, ) , { \ friE s. 0 I rr8 2[26 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS @-J-,<s ,,1,1*