Smt. Manjula Devi v. 1. Government of Telangana

Residing in Pennsylvania, USA, lt/echanics Burgpa 170 50 USA. 6. Sri Bheem Reddy S, S/o and aged not known to this Petitioner, Circle lnspector, Narayanaguda PS, Hyderabad. 7, Sri Lakshmi Narayana Reddy, S/o and aged not known to this Petitioner, Detective lnspector, Narayanaguda PS, Hyderabad.

8. N.Chandrakala, W/o Late Lakshmi Kantha Rao, Aged about 65 yrs, FIat No. 401 , Hima Apartments, 3-4-13011 to 5, Barkatpura, Sreet No.6, Hyderabad.

9. The Regional Pass Port Officer, Pass port Office, Secunderabad. .....RESPONDENTS Petition Under Article 226 of lhe Constitutron 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 directions particularly Writ of tVlandamus calling for the records pertaining Crime No.35412014 dt.14-O7-2014 and declare the -- action of the Respondents 6 and 7 safeguarding the 4th and 5th Respondents and others whc are accused by not registering proper crimes as illegal, arbitrary, contrary to Iaw, voilative of Principles of Natural Justice, Voilative of Art 14,16 and 21 of the Constitution of lndia, and consequentially direct the competent authority to take ne:essary action against the 6th and 7th Respondents departmentally, in the interest of justice. I.A.NO:1 OF 2014 ( WPIVIP.NO:31 062 OF 201 4\ Petition Under Section 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to impound the passport of the 4th & Sth Respondent by the gth Respondent while issuing necessary warrants to alert the lnterpol authorities, in the inter3st of justice. l.A.NO:2 OF 2014 (WPMP.NO:31519 OF 2014) Petition Under Section 151 CPC praying that in the circumstances stated in .to the affidavit filed in support of the petition, the High Court may be pleased receive the better affidavit of the petitioner in the interest of justice. l.A.NO:3 OF 2014 (WPwIP.NO:31520 OF 2014) Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead The Station House Officer, Narayanaguda Police Station, Narayanaguda, Hyderabad as respondent No.10 in above case in the interest of justice. Counsel for the Petitioner : SRI M.V.RAJA RAAM, ADVOCATE FOR SRI SRIDHAR BHUVANAGIRI Counsel forthe Respondent Nos.1 to 3: AGP FOR HOME Counsel for the Respondent No.4 : SRI P.GANGA RAMI REDDY Counsel for the Respondent Nos.S to 8 : - Counsel for the Respondent No.9 : DEPUTY SOL|CITOR GENERAL OF INDIA The Court made the following ORDER THE HONOURABLE SRI JUSTICE VAKITI RAIIIA;<RISHNA REDDY WRIT PETITION I{o.24815 of 2Ol4 ORDER This Writ Petition is lrled under Article 226 of thc Constitution of India, seeking the following relief: ". . . to issue a Wit or order or directions particularlA Wit of Mondamus calling for the records pertaining Cime No.354/ 2O14 dated 14.07.2014, and declare the action of the Respondent Nos.6 and 7 safeguarding the 4trt and Sth Respondents and others who are acansed by not registeing proper cirnes as illegal, arbitrary, controry to lout, uoilatiue of Prnciples of Natural Justice, Voiiatiue of At1 1 4, 1 6 ar-C. 2 1 o.f the Constihttion of India, ond ansequentiallg direct the competnent authoritg to take necessary action against the 6th and Vh Respondents departmentollg, in the interest of justice and to pass...'

2. Heard Sri M.V.Raja Raam, learned counsel for the petitioner and Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appearing for the respondent No.1 to 3.

3. When the matter is taken up for consideration, the iearned Assistant Government Pleader for home appearing for respondent Nos. 1 to 3 has placed before this Court the written instructions issued by the Inspector of Police, Special Team-II, CCS, DD, Hyderabad, wherein it is revealed that, basing on the cornpliant lodged by the petitioner, a case in Crime No.354 of 2Ol4 was registered under Sections 406, 42O of the ) - Indian Penal Code (for short 'IPC"), after conducting an investigation. Subsequently, the case was transferred to CCS, DD, Hyderabad uide Memo No.L&O /M312837 /2014 dated 11.08.20 14, of the Commissioner of Police, Hvderabad cify, ior further investigation and the same was re- registered as Crirne No.217 of 2074 under Sections 406, 42O, 380 and 560 IPC. Therealicr, the police had investigated into the said crirne and submittr:d a Iinal rcport before the learned court of XXII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad on 21.05.2018, uide S.R.No.3495 ol 2O 18, referring the matter as "Lack of Evidence".

4. l,earned counsel for the petitioner fairly submits that the present Writ Petition may bc disposed of by reserving lrbertl tc the peLiticner to avail the appropriate rer:ledies as are available under law to challenge the final report.

5. In view of the above submission, this Court is of the view that proper course for thr: petitioner is to challenge the final report before the competent Court where all the remedies as are available.

6. Ac<:ordingly, the present Writ Petition is disposed of by granting liberty to the petitioner to avail appropriate remedies as are available under larv to challenge the final report, if so advised. There shall be no order as to costs. 3 As a sequel, pending miscellar-reous applications, if any, srrai stand closed. ,TRUE COPY' SD/- A.SREENIVASA SISTANT Y TRAR SECTION OFFICER

1. The Principal Secretary, Government of Telanga me Department To Secretariat Buildings, Hyderabad. The Commissioner of Police, Government of Telang The Circle lnspector of Police, Narayanaguda PS, Hyderabad. The Regional Pass Port Officer, Pass port Office, Secunderabad. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI SRIDHAR BHUVANAGIRI, Advocate [OPUC] One CC to SRI P.GANGA RAIMI REDDY, Advocate [OPUC] One CC to DEPUTY SOLICITOR GENERAL OF lNDlA, Advocate [OPUCj Two CD Copies , Hyderabad. 2 3 4 5 6 7 8 I SA TKS 44h HIGH COURT DATED:1 810912025 ( 1 ') .J \ ll Tnlr; * 9\T ORDER WP.No.24815 of 2014 DISPOSING OF THE W.P WITHOUT COSTS. /a^\(9