High Court · 2025

Judgment

1. Il'9 Sjgte.gf Tqlrngg.nq, Rep..by its pr.incipat Secretary, Home Department, Secretariat building, Hyderabad. 2 J 4 5 El 7 8 The Commissioner of Police, Rachakonda police Commissionerate. The Deputy Commissioner of Police, Lp Nagar Divrsion, Rachakonda police Commissionerate. The Asssiatant Commissioner of police, LB Nagar Zone, Rachakonda police Commissionerate. The station House fficer, Saroornagar porice station, Rachakonda police Uommrsstonerate. T.Ravi kumar, S/o Not known to the petitioner, Aged about 58 years, Occ. lnspector of Police, Ri,t o. Flat No.50$, Sumadhu-ra Nakshatra'nparimeni, Huda Complex, Saroomagar Mandal, Rangareddy District Biravolu lndra Reddy, S/o. Not known tQ the petitroner, Aged about 60 years, Occ. Not klgwn !o the petitioner, R/o Ftat No 503. Sumadhura Nakshatra Apartment, Huda Complex, Saroornagar Mandal, Rangareddy District. Biravolu_ ,Sholharani, S/o. Biravolu_ lndra reddy. Aged about 57 years, Occ. - Nakihatra nparrr6ent,-'ft=uOi Housewife, Ri/ o. Flat No.503, Sumadhura Complex, Saroomagar Mandal, Rangareddy District.

9. Eesari Suryaprakash, S/o Not knovrrn to the petitioner Aged Major, Occ. Not l.f,oyr|to the petitioner, Fi/o.-Flat No 5Q2, SLimadhura N;kshatr; np"rtmenl, Huda Complex, Saroomagar Mandal, Rangareddy District. '10.T.Poorna, w/o T. Ravi kumar Aged [r,4ajpr, Occ. Housewife, R/o. FIat No.50S, Sumadhura Nakshatra Apartmient. Hiida Comolex. Sarooinagai trrtirO"l, Rangareddy District. ,..RESPONDENTS

Petition urder Article 226 of the Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of 5th Respondent who is misusing the povrer by not acting on my complaint dated 0511012024 and non- registration of FIR as discriminatory, arbitrary, contrary, illegal and violation of Article 14, Article 21 of the Constitution of lndia and consequently, direct the 5th Respondent to aot on my complaint dated 05/10/2024 by registering FIR and to investigate the nratter freely and fairly without any influence or partiality or to appoint any of tl^ e other higher officer than the rank of lnspector of Police as lnvestigation officer and transfer the investigation to him. lA NO: 1 OF 2024 Petition unler Section 151 CPC praying that in the circumstances stated in the affidavit file:d in support of the petition, the High Court may be pleased to direct the 5th Flespondent to act on my complaint dated 0511012024 by registering FIR zrnd to investigate the matter freely and fairly without any influence or partiz lity or to appoint any of the other higher officer than the rank of lnspector of Police as lnvestigation officer and transfer the investigatron to him pending disposal :f the main Writ Petition. Counsel for the Petitioner: SRI B.SATHISH Counsel for the Respondent No.1 to 5: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T, VINOD KUMAR writ Petition No.31P38 of 2024 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and perused the record.

2. Having regarcl to the manner of Oi[posat of the Writ Petition at the admission stage and the nature of /s inyolved, this Court is of the view that notice to unofficial respondent N6.6 to 10 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that though he has approached the 5r' respondent and submitted a representation dt.05.10.2024, no action has been takEn thereon by registering First Information Report, which action of the 5h respondent it is contended as highly illegal, arbitrary and violative of Articles 14 and 2 t of the Constitution of India. 4 Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5 would submit that the respondents- authorities on receiving the aforesaid complaint and after causing preliminary enquiry, have closed the same on 10.10.2024 as "civil in nature". 2

5. Learned Government Pleader further submits that if the petitioner is aggrieved l)y the manner of closure of the aforesaid complaint, he has to avail further remedies provided uMer BNSS.

6. I have taken note of the respective contentions urged.

7. Though on behalf of the petitioner, it is contended that the manner of closure of the complaint made by the petitioner is contrary to the judgment of the Apex Court in Lalita Kumari v, Government of llttar Pradesi and as such, this Court on 18.11.2024 had given liberty to the petitioner to file objections to the closure notice dt.10.10.2024 by the next : date of hearing, it is to be seen that even though more than five months have passerl by, the petitioner did not file objections to the closure notice. B. Further, as per the provisions of the BNSS if the petitioner is aggrieved lry the closure notice issued by the respondent-authorities informing the action taken on the complaint, he has to approach the Magistrate in terms of provisions of Section 175 of BNSS.

9. This Court in exercise of jurisdiction under Article 226 of the Constitution of India cannot take up the role of a Magistrate to consider the objectic ns of the petitioner to the closure memo issued by the respondent-;ruthorities. Further, taking note of the fact that despite this 'lzoray u scc r 3 Court granting liberty, petitioner having failed to file objections against the action taken by the respondent-authoritie5 with regard to the complaint lodged by him on 05.10.2024, even after lppse of five months, would not entitle him to approach this Court by fili n$ Writ Petition and has to avail further remedies provided under BNSS.

10. Granting liberty as noted hereinabove, the Writ petition is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE CqPY// D/. V. HARI PRASAD EPUTY REGISTRAR SECTION OFFICER To, The PrinciPal Secretary, Home DePa State of Telangana' ent, Se ariat building, HYderabad, 2, The Commissioner of Police, Rachakonda Police Commissionerate 3. The Deputy Commissloner of Police' LB Nagar Division' Rachakonda Police 4. The Asssistant Commissioner of Polioe' LB Nagar Zone' Rachakonda Police Commissionerate ' Co m m issio nerate ' 5 6 7 ThestationHouseofficer,saroom4garPolicestation'RachakondaPolice Commisslonerate. one cc to sRl B SATHISH' Advocatt IOPUC] Two CCs to GP FOR HOME' Hign Court for the State of Telangana at Hyderabad [OUTI o BSR GJP Two CD CoPies w HIGH COURT DATED:0210512025 I ORDER WP.No.31238 of 2024 4 9\. t'1r S i,q 15: 25ilEx6 \ :. 1.,,, ., .., .') (,: .n DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ o