1 Ponukupati Venkata Lakshmi Prasanna Kumar v. The State of Telangana
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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or orders more particularly one in the nature of writ of [,4andamus declare the action of the Respondent No. 5, in closing the complaint of Petitioners dated 28t0612025, as civil in nature is illegal, arbitrary, violative of principles of natural lustice and violative of Article 14, 16 21 and 300A of the Constitution of lndia, and consequently direct the 5th Reslr' 'ndent to reconsider the complaint on its gravity of the offences against the Ret,1 ondents 6 to B, and conduct fresh enquiry by registering the FIR as per the luidelines issued in Lalitha Kumari V/s. State of UP, for further action. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci r umstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the Respondent No. 5, to reconsider complaint dal >d 2810612025, and registered the FlR, by following guidelines issued Lalitha Kur ari V/s. State of UP, pending dispose the above writ petition. Counsel for the Petitioner: SRI D. A. PREM CHAND Counsel for the Respondents No.1 to 5: AGP FOR HOME Counsel for the Respondent Nos.6 to 8: - The Court made the following: ORDER THE HON'BLE SRI WSTICE N.V.SHRAVAN KUMAR Writ Petition No.28525 of2o25 This writ petition is filed seeking the following prayer: "...declare the action of the Respondent No.S in closing the complaint of Petitioners dated 28/ 06/ 2025 as Ciuil in nature is illegal, arbitrary uiolatiue of pinciples of natural justice and uiolatiue of Articles 14, 16, 27 and 3OOA of the Constitution of India and consequentlg direct the Respondent No.S to reconsider the complaint on its grauitg of the offences against Respondent Nos.6 to B and conduct fresh enquiry bg registertng the FIR as per the guidelines issued in LalithaKumari V/ s State of UP for further action..."
2. Hear.d learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on beha-lf of respondent Nos.l to 5. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.6 to8is dispensed with.
3. The facts of the case in brief are that petitioners and respondent No.6 entered into a partnership deed on .- 2
23.05.2006 with four pa-rtners and the sarne wrt ; registered before Registrar of Firms, Hyderabad (South) .cr running medical agency in the name and style of M,' ;.Vaishnavi Agencies ancl the license was issued by Drug Controlling Authority and the said license was rene\Med fr rm time to time and vaiid till 15.04.2029. It is subr Litted that petitioners noticed the irregularities done by :espondent No.6 i.e., Managing Partner of the said Iirrr and when questioned about the sarne, respondent Nc.i, without submitting alnual reports and balance sheet I destroyed all the records including digital records ald ilso stolen books of accounts with the help of respondent I'l rs.7 and 8 Thereafter, petitioners lodged a complaint with 'espondent Police on 2a.O6.2O25 with regard to illegal zctivities of respondent No.6 and his associates. It is sut,r:ritted that the respondent Police, without conduct:r g proper investigation has closed the complaint as 'civi. in nature'. Learned counsel further submits that the issue rertains to financial fraud, theft, cheating and diversion of funds. Questioning the inaction of respondent Police, t he present writ petition 3
4. Learned Assistalt Government Pleader for Home, on instructions, would submit that complaint of the petitioner was closed on the basis of material evidence collected and by following due procedure as contemplated under law.
5. After arguing the matter at length, learned counsel for the petitioner submits that petitioner is having some more documents ald material evidences and pray this Court to permit the petitioner to file a fresh complaint with the additional material evidences/documents.
6. In that view of the matter, this writ petition is disposed of with a direction to respondent authorities to consider the complaint of the petitioner, if the same is filed, and take appropriate action by following due procedure as contemplated under law. Miscellaneous petitions, pending, if any, shall stald closed. However, there shall be no order as to costs. //TRUE COPY// SD/-S. MALLIKARJUNA RAO ASSTSTANT-_FEGISTRAR (? SECTION OFFICER To
1. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.
2. The, Director General of Police DGP Office, Lakdikapool, Hyderabad. 3. The Commissioner of Police, Hyderabad Commissionerate, Hyderabad. /-ha+rinalzc l-lirriciaa urAarah.ad nf Dnlina 4 The Aeeict2nt f-^mmicci^nar
5.. The Station House officer, chatrinaka porice station, ci atrinaka, Hyderabad. 6. One CC to SRI D A. PREIV CHAND, Advocate tOpUC, 7' Two ccs to GP for Home, High court for the sti te of rerangana af rrvi i vvvr L Lc .,r I .;rdr rvcrr rd - Hyderabad. tOUi] B. Two CD Copies N/P GJP I I HIGH COURT DAT l=D:1910912025 -:= .r.. il:l S j \ 2 t IAN 216 /4 () a- * lr(ICrrl I '..r/ ?' ORDER WP.No.28525 of 2025 i I DISPOSING OF THE W'IRIT PETITION WITIIOUT COSTS I l