Sri Moarij Ahmed Khan v. 1. The State of Telangana

2. The Cyberabad Police Commissioner, Office at: Pl21 , Old Mumbai Highway, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana-500032.

3. The Station House Officer, P.S- Raidurgam, Cyberabad. 4. Sri Mohammad Wajid @ Wajid, S/o Mohd. lqbal. Aged about. 33 years, Occ Pvt. Employee, Fl/o.H.No.10-2-120, Saifabad, Ivlasab Tank, Hyd.

5. Smt. Mohammed Abdul Mateen, W/o. Shamsia Sultana Aged about.66 yrs, Occ: Household, Rlio.H.No.'1 1-5-414, Red Hills, Hyderabad.

6. Mohammed Abdul Salam Khan, S/o. Abdul Aziz Khan. Aged about. 62 yrs, Occ: Nil, P.Jo.177, Dundas Road, Fort Mc. Murray, Canada.

7. Ameena Khatoon, Sio. Abdul Aziz Khan, Aged about.60 yrs., Occ: Household, R/o. W. Sherwin Ave, Lincolnwood, lL, 60712, U.S.A.

8. Sri Mohammed Abdul Samad Khan, S/o. Abdul Aziz Khan, Aged about.55 yrs, Occ. Not known, Rlo.177 Dundas Road Fort, Mc.Murray, AB TgK 188, Canada.

9. Sri Mahenow Yousuf, S/o. Abdul Aziz Khan, Aged about. 55 yrs, Occ: Not known, R:/o. 177 Dundas Road Fort, [vlc.Murray, AB TgK 188, Canada.

10.Smt. Mahenaz Ali, D/o. Abdul Aziz Khan, Aged about. 58 yrs, Occ. Household, Fi/o.790, Jody Lane, Hoffman Estates, llhnois, U.S.A. 1 1. Sri lvlohammed Abdul Sameer Khan., S/o. Abdul Aziz t(r n, Aged about. 50 yrs, Occ. Not <nown, No.177 Dundas Road Fort, trr1c.lVlur ay, Ag fSX tAg, Canada. (Unofficial Respondents No.4 to 11 are made As forrt rl parties to this writ petition) ...RESPONDENTS praying that in the igh Court may be ne rn the nature of 3 in not conducting 173 of the Code of dated 19 03.2024 rry and against the trtution of lndra and rough and careful ainsl the unofficial Petition under Article 226 of the Constitution of lnclir in the affidavit filed therewith, the t circumstances stat€,d pleased to issue a \Vrit, Order, or order(s) more particularly Writ of Mandamus d eclaring the actions of the Respondent Nr rnvestigation and nct filing the Charge sheet as per Sectior Criminal Procedure, 1973 with respect to F.l.R. No.267 of 20:l on the complaint giv.rn by the Petitioner, as being illegal, arb t principles of law and also violative of Article 14 and 21 of Cctl consequently, direct the Respondent No.3 herein lo do ttr investigatron in the above crime and to file charge sheel ir, Respondents No.4 tr, 11 herein. Counsel for the Petitioner: Ms. SEEMA YASMEEN counsel for the Resoondents No.1 to 3: AGp FoR HoME Counsel'for the Respondents No.4 to 11: - - - - The Court made the following: ORDER , ,,/ THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29485 of 2O2S ORDER This writ petition is filecl questioning the acrion of respondent No.3 in not conductrng investigation and not filing lhe charge sheet as per Section 173 of Cr.P.C., lg73 in respect of F.LR.No.267 of 2024, dated 19.03.2O24 on the complaint given by the petitioner against un-official respondent Nos.4 to 1 1. A consequential prayer is sougl'rt to direct respondenL No.3 to conduct thorough and careful ir-rvcstigation in the above crime and to file charge sheet.

2. I{eard learned counsel for the petitioner and Iearned Assistant Government Pleader for Home appeering for respondent Nos. 1 to 3.

3. l,earned Assistant Governmer-rt Pleader for Home placed a copy of instructions issued by lnspector of Police, Raidurgam Police Station, Cyberabad Police Station, wherein it is submitted that the respondent No.3 received Court refen.ed complaint filed by the petitioner on 19.O3.2025. Basing on the said complaint, a case has been registered in Crime No.26Z of 2024 d,ated

19.O3.2024 for the offences undcr Secrions 420, 4Oa, 467, 468, 506, 120(8), read with 34 of IPC ar-rd Section 156(3) of Cr.p.C. It l1 i I 2 i,':; is further sr- bmitted that ir-rvestigation has 1r en taken up During the r:ourse of investigation, the Invcr; igatir-rg Officer visited the sc,rne of offence and tried to contacl hc pctitioner - complainant f or recording his statement. But 1 lr pct rtioner did not coopcrate 1'hereafter, the Investigating Oflic < r issued notice under Section 91 Cr.P.C. to the petitioner / corl lzrinant lor his appearance and to furnish relevant documentir v cvrdence on

23.03.2024, ', 1.O4.2024 & 18.04.2024 through )ost But the petitioner / complainalt neither appear-e( bcfore the investigating Agency nor furnished documenta - evrdence. It was further r:vealed with regard to the subjer:, m:rtte r, a civil suit rs pending uide O.S.No.l93 of 2023 on tl.re 1i : ol. learned VI Additional Di;trict & Sessions Judge, Ra:rgat t r d.r' Districr at Kuk'atpal1y. I, is further submitted that as there ; nrr hopr: that the petitioner- / complainant will furnish t,lr er, idence or cooperate u,itlr tl-re Investigation Agency, the Inves -igating Officer obtained pernLission from the Assistant Commis: one,r oI Police, Madhapur Division, Cyberabad uide C.No.13/ACP- Mdpur/Cyb/2025, dated 17.O1.2O25 and rcferrr I the case as "lack of evidence". It is further submitted th r after serving notice to petitioner / complainant on 24.O9.20i): through post, the Invcstigatr ng Officer filed final report before t re lcarned XIII 3 Additional Judicial Magistrate of First Class, Rajendranagar, Rangareddy District uide lnw ar d No. 8797, dated 26.O9 .2025.

4. Learned Assistant Government Pleader for Home submitted that copy of the final report and copies of notices sent to petitloner / complainant under Section 91 Cr.P.C. on

25.03.2024, 11.O4.2024 &, 18.04.2024 are enclosed along u,ith the copy of instructions and further submitted that though several opportunities were given to the petitioner and as there is no appearance or response from the petitioner, the case has been ciosed as "lack of evidence" and the final report vi,as filed as 'lack of evidence.

5. In that view of the matter, a cop,v of the linal rcport be serwed on the learned counsel for the petitioner and the petitioner may pursue appropriate remedies, as available under law for further course of action

6. With the above observations, this writ petition is disposed of with consent. There shall be no order as to costs. As a sequel thereto, miscellaneous appiications if any pending, in this petition, shall stand closed T o //TRUE COPY// SD/ ISTANT R - U.SU RAR SECTION OFFICER The Principal Secretary, Home Department. Secr Hyderabad. f t Building, Secretariat, 2 The Cyb^erabad Police Commissioner, Office at. pl21 , Old Mumbai Highway, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension,'' ' Gachibowli, Hyderabad, Telangana-500032. 3 4 5 The Station Fouse Officer, P.S. Raidurgam, Cyberabad One CC to Sltl SEEI\4A YASIVEEN, Advocate [OPUC] Two CCs to OP FOR HOME, High Court for the State o Hyderabad IOUTI -elangana at t, P\4K Two CD Copres BH I I HIGH COURT DATED:08/1012025 ( I \ ORDER WP.No.29485 of 2025 o o o ( * =. lHE T4 2Ufi f+\''l r l-; l DISPOSING OF THE WRIT PETITION WITH CONSENT WITHOUT COSTS \ Y(. t t I