Kamati Ashok Babu v. 1. The State Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Directkrn more particularly one in the nafure of Writ of Mandamus, declaring the action of the respondents police particularly respondents 3 and 4 in not registering the FIR against the unofficial respordents 5 to 6, basing on the complaint of the petitioner dated 01.08.2@5 af{er receipt of the said complaint, the respondents police not taken any action against the unolficial respondents 5 and 6 by registering FIR against tt r nr, is illegal, arbitrary and against the principles of natural justice and also viol.Ll on of Articles 14, 19 and 21 of Constitution of lndia including the Apex Court Jt k]ment Lalita Kumari Vs. Government of Uftar Pradesh and consequently direct :l e respondents police to register the FIR and to take action against the unofficiat r :spondents no. 5 and 6 basing on the complaint of the petitioner dated 01.08.20;t and punish them as per law in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir :umstances stated in the affidavit filed in support of the petition, the High Cotrr may be pleased to Oirect the respondents police particularly respondents 3 16 z police to register the FIR against the unofficial respondents 5 and 6, basing or the complaint dated

01.08.2025 of the petitioner, pending disposal of the main vrr t petition. Counsel for the Petitioner: SRI KONDAPALLI SYAM SUNI) :R Counsel for the Respondents No.1 to 4: AGP FOR HOME Counsel for the Respondents o.5 & 6: - The Court made the following: ORDER THE HON'BLE SRJ JUSTTcE N.V.SHRAVAI{ KT'MAR Writ Petition No.3O186 of2O2S This writ petition is filed seeking the following prayer: "...declaing the action of tte respondents police particularly respondent Nos-3 and 4 in not registeing the FlR against tlle unofficial respondent lfos.S to 6 basing on the complaint of tle petitioner dated 01.08.2025 afier receipt of tle said compLaint the respondents police not taken anA action ogainst tLte unofficial respond.ent Nos.S and 6 bg registeing FIR against them is iltegal, arbitrary and against tle pinciples natural justice and also uialation of Article 14, 19 and 21 of Constitution of India including tle Apex Court Judgment Lalita Kumai lJttar Pradesh and Vs. Gouernment of consequentlg direct the respondents polie to register the FIR and to take action against tle unofficial respondents No-S and 6 basing on the complaint of the petitioner dated 01.08.2025 and punish them as Per latu. - . "

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.l to 3. With their consent, this i i i I I I l I I I I t I I 2 writ petition is taken up for disposal. Notice 'c respondent Nos.4 to 6 is hereby dispensed with.

3. The facts of the case in brief as s[ rt-ed are that petitioner is the resident of Madhira, Khanr nam District and is doing business. It is submitted that res rondent No.5 approached the petitioner on 1O.O4.2O24 tr r,l made the petitioner to sign on the surety papers and tz I cn loan from the Induslnd Bank for buying an Excavr or Machine. Later, the petitioner came to know that rer; rondent No.S has not taken loan on his name but in th: rarne of his driver i.e., T.Chimili Nagaraju. Subsequent r , responclent No.5 paid 8 EMIs and thereafter, could not [ .rv rhe EMIs. The Bank has sent notices to the petitioner. v lro signed on suret5r papers, for non-payment of EMIs b rcsponclent No.S. When the petitioner questioned t r 3 samo to respondent No.5, respondent No.5 stated thil lrc had sold the Excavator Machine. In that regard, pcri ioncr gave a complaint to respondent No.4 on O I .( t,.2025 and requested police to initiate action against rc; rondent No.S and his driver who deceived the petitioner rncl obtained signatures on Bank papers. However, resp: tclent Police, 3 till date has not initiated any action against respondent No.5 and his driver. Questioning the same, the prbsent writ petition is filed.

4. karned Assistant Government Pleader for Home has placed a copy of letter issued by the Station House Officer, PS Khammam Rural to the Assistant Commissioner of Police wherein it is stated that on the complaint of the petitioner, respondent Police caused enquiry on 3O.O9.2O25 and summoned the petitioner. After enquiry, respondent Police closed the complaint of the petitioner as 'civil in nature' and suggested the petitioner to approach competent Court for redressal. As such respondent No.4 conducted enquiry and closed the complaint as 'Civil in Nature' and the allegation that respondent No.4 has not conducted enquiry is false and baseless and accordingly prayed to dismiss the writ petition.

5. After arguing the matter at length, learned counsel for the petitioner pray this Court that petitioner may be granted liberty to avail appropriate remedy as available under law. I t i ) i 4

6. In that view of the matter, since th,: complaint of the petitioner has already been closed as 'c, i[ in nature', this writ petition 1S disposed of with a rlirection to respondent authorities to follow due : -,rcedure as contemplated under of law for further cou I se of action Needless to state that petitioner may seel appropriate remedy as available under law. Miscellaneous petitions, pending, if anl , shall stand closed. However, there shall be no order as to :osts. //TRUE COPY// Sd/.B.REKHA RANI AS! ISTANT REGISTRAR /.,- l\z SECTION OFFICER The Prl. Secretary, Home Department, State I r Hyderabad langana, Secretariat, The Commissioner of Police, Khammam, Telangana. The Assistant Commissioner of Police, Wyra, Khammzu The Station House fficer, Madhira Twon Police Statir,r One CC to SRI KONDAPALLI SYAM SUNDER, Advorz Two CCs to GP for Home, High Court for the l Hyderabad. [OUTI r District. , Khammam District le [oPUC] ate of Telangana at Two CD Copies To 1 2 3 4 5 6 7 MP PMK l I ) l l I I I I I ! l I I I I I i I I HIGH COURT DAl'lD:1311012025 ORDER WP.Nc, 3018G ot 202i IL L: (' rA ( i \ Zir:r:Blutb z * Oc l'lTclt * DISPOSING OF THE I//tIT PETTTION wt]- {ouT cosTs KS slzl2/5.