M.allepula subash v. The state of relangana
Case at a glance
Provisions considered
- Constitution of India art. 226
- SCISTs Amended Act, 2015 s. 3(1)(x)
- Code of Civil Procedure, 1908 s. 151
- Amended Act, 2015
Key paragraphs
- Para 22. None appeared for the petitioner. 3' Mr. R. Laxmikanth Reddy, learned Assistant Government pleader for Home, representing respondent Nos,1 to 4, would submit that the police after registration of crime vide F.l.R. No.207 of 2016, conducted investigation and finat report was filed on 24.06.2017…
Judgment
Cause title
5. The state of relangana, Rep. by its Principar secretary Home Department, Secretariat, Hyderabad. The Superintendent of Police, Adilabad District. The Divisional Superintendent of Police, Utnoor Division, Adilabad District. Station House Officer, Utnoor, Adilabad District. F9.gtpp,l At',ig!"|r,s/o.Poshanna, caste sc Madiga, Ri/o.shantinagar, Utnoor, Adilabad District. ..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus dectaring the action of the 3 and 4th respondents in registering the Crime vide FlR.No.2O7 of 2016, dated 26.11.2016 for the aileged offences under Section 3 (1) (x) of SCISTs Amended Act,2015 and under Section 290 tpc against the petitioner without conducting enquiry, without proper application of mind, simply basing on the report filed by the Sth respondent complainant, as arbitrary, illegal, unjust, perverse and violative principles of natural justice and violative of under Article 21 of Constitution of lndia and consequently quash the same. 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 stay all further proceedings including arrest of the petitioner in connection with crime vide FrR,No.207 0f 2016, District, dt: 26-11-2016 as the fire of utnoor potice . station, Adirirbad District, pending disposat of the writ petition. counser for the petitioner : sRr RuDRESH DESHPANDE counser for*rre Respondents No-lto4: sRr R.!-A)(MTKANTH REDDY,AGP FoR H,ME Gounset for flre Respondents No.S : The Court ma, de the following: ORDER _ t\ \ THE HONOURABLE SRI JUSTICE N.TUKARAMJI
ORDER:
This Writ Petition is filed under Articte 226 of the Constitution of lndia seeking the following relief: "...fo issue a writ, order or direction, more pafticularly, one in the nature of 'writ of Mandamus', d*laing the action of the * and 4th respondenfs rn registering the cime vide FtR No. 207 of 2016, dated 26.11.2016 for the atteged offences under seclacn 3(1)(x) of sc/srs Amended Act, 2015 and under secfrbn 2go tpc against the petitioner without conducting enquiry, without proper application of mind, simply basing on the report fited by the sth respndent complainant, as arbitrary, illegat, unjust, peruerse and violative pinciples of natural justice and violative of under Articte 21 of constitution of lndia and consequenily quash the same, and to pass such other order or otders..., I I
None appeared for the petitioner. 3' Mr. R. Laxmikanth Reddy, learned Assistant Government pleader for Home, representing respondent Nos,1 to 4, would submit that the police after registration of crime vide F.l.R. No.207 of 2016, conducted investigation and finat report was filed on 24.06.2017 with an endorsement I have perused the materiats on record. 'Action Dropped'and the same has attained finality. 4. 5' Having regard to the submissions and the transpired developments during the pendency of the writ petition, it is evident that the cause does not 2 survive for adjudication, this Writ Petition, is dismissed as infructuous. No order as to costs. ,,, .:. t To, Pending miscellaneous applications, if any, shall stand closed. //TR,UE COPY'/ SECTION OFFICER I
One CC to SRI RUDRESH DESHPANDE, Advocate, [OPUQ Tvvo CCs to GP FOR HOME, High Court for the State of Tetangana. IOUTI Tvvo CD Copies. B$K G.IP Nr HIGH COURT DATEDT:18/0812025 ,I S €' \ 3 zgJrtzffi t ORDER WP.No.46271 of 2016 -, <J.r. .:$,i.d'ri r+ :?1 ..::".1';::a- .. DISMIS:SING THE WRIT PETITION WITHOIJT COSTS ,\{ ,Jtr*
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.