High Court · 2025

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the 2 to 4 respondents in not registering the FIR against the respondent no 7 basing on the complaint given by the petitioner on 03t1Ot2o24as illegal' arbitrary and also abuse of power of Police as L,i ,, oor"r" to the procedure contemplated under Criminal Laws as well as op.pose to the r,,: , rict of th aside the noti(r€ ( i\led.21/1 register the FIR t :riiing on the complaint given forthwith by takir.g 'r3cesS€ry action against ths 7r e Apex court held in Lalitha Kurr ar Vs State and set 0/2024 and consequ entially dir-.ot t he res pondents to by the petitiorier on 03/10/2024 h responderrf IA NO: 10F 29i2tt Petition r.i r,J( . Section i A., ,..h^ #;:":rfitin the 611;1'11''lances ction 151 cPc praying tha the affidavit fitcvl ;, ... :;upPort of the petition, the Hioh direct rhe Resporrci; . ;i:i:l:: no.5 and 6 and r;rs,,,,r,1 l:'to "ono"t"-c';;:''n capacity duties b1 --.,rr,] death person, ,rr,, i. ,"t,]l by collude with zrr ,. ,,rolt'on"" the petitioner's r;or.o ;;nt perition. - -*"r ' , r :'tances stated in court rnatr be pleased to agai'rsr the respondent who are ntis rse their offical register a fals. c,se against the n"o"* the respondent no 5 and 6 ldent by taken the ot*''"' dated 03_10-2rr. ;";;,;n,J:rJ::"i.,: ffrrr:ilr_:; tn"' rrom tneir t'-"".ilj]"uno''' with Tth,.utpono"nt, I"'' "'o " IANO:2 OF 2024 petition unde r ll rr: the arridavit ri,ec in sL, ;i"T :: ['r:ff]:,Ll il,:"":Jffi direct the Respondent ,t. 2 to 4to register the FIR basing on the comprarn liven by the petitioner on ,,nr,n., ffi;::r" ,J the R.s[:ondent No.7 action as: n the 7th responden,, ,""r,:tJ::'.'rt"';flT:lT#T; ,ljT"..,::"j Counsel for the petitir>r :r: SRI LAXMAIAH KANCHANT Counset for the Respon Jents No.1to4 : Gp FOR HOME Counsel for the Resp,c,n lents No.sto7 : The Court made the follr rrring: ORDER -- ,/' 7 THE EON'BLE SRI JUSTICE T . VINOD KUMAR TI NN o.33a47of 2024 ETI o TP *o*u learned counsel for the petidoner' learned Government Pleader for Home appearing for official respondent Nos'l to 4' and with the consent of learned counsel appearing for the respective parties' the writ petition is taken up for hearing and disposal at admission stage .

2. Having regard to the manner of disposal of the writ petition and the natrrre of lis involved' this Court is of the vicw that notice to unofficial respondent Nos'5 to 7 is not necessary for adjudication of the present Writ Petition 3. Shorn of unnecessary d'etails' the case of the brief, is that she had aPproached the re spondents-authorities ' in particular the 4th respondent- authority, and submitted a representation' dt'03'10'2024' questioning the action of the respondents-authorities 1n her deceased-husband' uide registering a crlme petitloner, against 1n I 1 l \ I \\lljl , |. 2 Cr.Nrr. I i),/2024, dt.2tO.09.2024, even thoug;r her ,t -r ;and having occurred due to flle neglige rr ,i riving of the driver of the opposit e car beari .q No.TS 29 F 5068. he death of rash and ,,ehicle i.e.,

4. t. i . the further case of the petitioner that the respon 1:,t s_authorities instead of registering a case and ng n(] | :ssary action against the aforesarrl vt,hicie and its drivr.r , -ave wrongly registered a case, as if ,hr: cause of death oi rl r petitioner,s husband is on accourrr o,. his own rash anrl , ..1ligent driving of his two wheelcr be;rri eg No.TS 05 FP 5ir

5. It ir; it the 5tr, r:sr.r of the oppo conduc't J)t rl registered .f and inst-^--r dt.27.lt) 2C'.2 r c the further case of the petitione: th,rt since, r-rdent-authority had colluded w.ith th,: owner l tc vchicle involved in the acciden:, did not t-'r investigation into the aforesaic arrj me nor : aforesaid crime against the actu;el a,lcused had issued the impugneri pr oc eeding, r. claiming that it is the petitioner s h,rsband who wa,s th t: ( a.use for the accident. .1. 3 that as the It is the further case of the Petitioner representation' done ProPerlY, the investigatton CBCID 6 investigation has not been into the aforesaid crime ought to be handed over to for meeting the ends of justice' 7 . Per contra'Iearned Government Pleader appearing on behalf of respondents would submit that the respondents- authorities by considering the dt.03.10'2024' have issued reply' dt'21' lO'2024' narrating the sequence of events as to the cause of accident resulting in the unfortunate death of petitioner's husband' 8. Learned Government Pleader further submits that the complaint made by the petitioner on 03'10'2024 tras been closed by the respondents on 2l 'tO '2024 as ufalse"' g. Learned Government Pleader further submits that if the petitioner iS aggrieved by action of the respondents- registering a case uide authorities either in Cr.No.lB7 /2024, dt.2o.O9.2024, against the petitioner,s husband, who had deceased subsequently while undergoing medical treatment or for that matter of not 4 regrste. n : /initiating opposile .:hicle i.e., closingl rir action against the car bearing No.TS o\nn,tr- of the 29 F 5068, by complaint lodged by the .petition er. , rs "false", the pel i i, I er ought to have availed furth e._ remedies providecl u xler BNSS. 10. I ltrtr : taken note of the respective sr..r b lissions 11 1'hoi- g the petitioner had appro;lr:ht:d the responderr . s ;:uthorities by submitting a reprerie r tt:ation / complaint, (1.O3.1O.2O24, clajming that the dr:eth of her husband t ,a , ing occurred on account of the rar.;h eLnd negligent <l:-1. r r1g of the opposite vehicle i..e, car be aring No. TS 29 f ,'1)''i i 2n4 the respondents-authorities i,si ead of taking actirrr r gainst the aforesaid vehicle and its 'lwner and drivttr. I r: ing registered a case against the hur;br'rnd of the petitiorLt'r ir is to be noted that if the lletitioLrer is the action taken by the resortn'lents- r tre gtsterrng a case against ttle d':ctrased amd the opPosite vel-rrcle f i) ' car aggrieve(l f. aUthOfitres oI not agair st he owner

14. Granting iiberty to the pe tltloner hereinabove, the Writ Petition is disposed of' No order as AS to costs

15. Consequentl.v, miscellaneous petitions pending' if any, shall stand closcd //TRUE COPY// SD/.4 ASS .'flNYA:T'EiRRX SECTION OFFICER at Buildings at 2 2,

1. The PrinctP al Secretary, H te of Telang Hvd erabad, Sta The Director General of Poli of Police' The SuPerintendent The Station House Officer' Pe One CC to SRI LAXMAIAH KA Two CCs to GP FOR HOME' H Two CD CoPies

4. E 7 artment' Secre langana ome DeP ana, Te ce, at HYderabad' HYderabad' at Nalgonda, Nalgonda Dist ddavoora Police Station' Na Advocate' [OPUCI NCHANI' igh Court for the State of Te lgonda District langana. [oUTl I To, BSK LS CH(L t HIGH COURI DATED:16t04i2025 k o r t. S''A f e 1 lr. 2 B rs A'/ 2025 Oi * c9 xcH ,! i: ORDER WP.No.33B47 <',f 2024 DISPOSING OF THE WRIT PETITION WITHOUT COS rS @.if,\*