The High Court · 2025
Case Details
R/o Flat No.207, Srinidhi Apartments, Kaman Road, Karimnagar.
2. Bonagiri Sujatha, Wo B.Venug'opal Kishan, aSed 38 years, Occ House wife, R!/o Flat No.207, Srinidhi Apartments, Kaman Road, Karimnagar.
3. Bonagiri Anitha, W/o Ramakrishna, aged 38 years, Occ House wife, Rl/o Flat No.207, Srinidhi Apartments, Kaman Road, Karimnagar.
4. T.Manohar Reddy, S/o Ram Reddy, aged 46 years, occ Business, Rl/o H.No. 7 -2-831 441 32, I ndiranagar, Nirmal, District Adilabad.
5. T. Manjula, Wo T.Manohar Reddy, aged 42 years, Occ Business, Rlio. H.M. 7-2-83144132,Indiranagar,Nirmal,DistrictAdilabad. AND ...pETtTtONERS
1. The State of Telangana, Rep. by its Princiral Secretary, Home Department,
2. AP State Civil Supplies Corporation Ltd., Hyderabad, Rep. byVice-Chairman Secretariat. Hyderabad. and Managing Director
3. The District Collector (CS), Adilabad. 4. The Joint Collector & Ex.Officio Executive Director, AP State Civil Supplies Corporation Ltd., District Office, Adilabad.
5. The District Supply Offrcer, Adilabad, Adilabad District. 6. The District Manager, AP State Civil Supplies Corporation Ltd., Adilabad 7. The Station House Officer, Police Station, Nirmal Town, Adilabad District. (RR- l Cause Title is amended as per Court Oder dt: 01lO7l2O'15 in wP'MP No 24756/2015) ..RES'.NDENT' Petition under Article 226 ot the Constkution of ]ndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate Writ, Orderor direction more in the nature of Writ of certiorari quashing the FIR No. 36 of 2014 dated 28-1-n14 on the file of P.S., Nirmal Town, Adilabad District which was registered for the offences under Section 42O and 409 IPC basing on the complaint filed by the Respondent No. 6 dated 25-1-2014 in so far the petitioners herein are corrcerned by duly declaring r the high handed action of the Respondent No.7 in taking steps against all the partners taking into consideration of vague allegations made by the complainant in the complaint stating that it is clearly established that the miller/partners have misused the paddy and found as a defaulters even though the Respondent No.6 i.e. Complainant reguested the Respondent No.7 to file a Criminal Case against Sri Chilamanthula Harikrishna S/o Chilamanthula Satyanarayana, FGL (Food Grains Licence) Holder of M/s Sri Sai Srinivasa Food Products, Sofinagar, Nirmal, Adilabad District, even after the FIR was registered against the above said Food Grains Licence holder only as illegal and arbitrary. l.A, NO: 1 OF 2014(WPMP. NO: 16934 OF 2014) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the writ petition, the High Court may be pleased to grant stay of all further proceedings in FIR No.36 of 20'14 dated 28-1-20'14 on the file of P.S., Nirmal Town, Adilabad District including arrest of the petitioners pending disposal of the above Writ Petition. I l.A. NO: 1 OF 201S(WPMP. NO: 24754OF 2o1sl 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 grant extend the interim order granted on 28-4-2014 in W.P.No.13556 of 2014 until further orders pending disposal of the above Writ Petition Counsel for the Petitioners: SRI V.RAVI KIRAN RAO Counsel for the Respondent Nos.1 & 7: SRI SRIDHAR BHUVANAGIRI, AGP FOR HOME Counsel for the Respondent Nos.3 & 5: SRI NAGARAJU GALI, AGP FOR CML SUPPLIES Counsel for the Respondent Nos.2, 4 & 6: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE VAIfiTI RAIUAKRISHNA REDDY WRIT PETITION No.13556 of2()14 ORDER: This Writ Petition is hled under Article 226 of the Constitution of India seeking the following relief: "...to issue anA appropiate Writ, Order or direction more tn the nature of Wit of certiorai quashing he FIR No. 36 of 2O14 dated 28.01.2014, on the file of P.5., Nirrnal Tottt\ Adilabad District tthich uas ragistered. for tlre olfences under Section 420 and 4O9 IPC basing on the @nplaint filed bg the Respondent No. 6 dated 25.01.2014 in a far the petitioners herein are concemed bg dulg declairq the high handed action of tle Respond.etrt No.7 in takirtg steps agatnst all the partners taking into consid.emtion of uague altegations made bg the conq)lainant in the umplaint stating that it is clearlg established thal the mi er/partws hque misused the paddg and" found as a d.efatlters euen though the Respondent No.6 i.e., Complainant requested the Respondent No.7 to file a Ciminal Case against Si Clilamanthula Haikrishna S/o Chilamantlala Satyanaragana, FGL (Food Grairus Licence) Holder of My's Sn Sai Snniyasq Food Products, Sofinngar, Nima\ Adtlabqd DstrbL euen afier the FtrR ucs regisAered against the aboue said Food Grains Licerrce holder onlg as illegal and arbitrary and to poss..."
2. Heard Sri V.Ravi Kiran Rao, learned counsel for the petitioners, Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Horne appearing lor the respondent Nos.1 and 7 and Sri Nagaraju Gali, learned Assistant Government Pleader for Civil Supplies t I appearing for respondent Nos.3 and 5.
3. karned counsel for the petitioners fairly submits that in view of the fact that pursuant to the registration of the F.I.R. No.36 of I I 2 2Ol4 dated 28:Ol.2Ol4, on the Iile of Nirmal Town Police Station, Adilabad District, investigation has already been conducted by the police and a final report has also been filed before the competent Court, the present Writ Petition may be disposed of by reserving liberty to the petitioners to avail all remedies available in law to question the said frnal report.
4. Recording the said submissions and having regard to the above facts and circumstances, this Court is of the view that ttre petitioners are at liberty to avail all the remedies as are available in lavv to question the frnal report filed before the competent Court. Thus, the cause in the present Writ Petition no longer survives for adjudication.
5. Accordingly, the Writ Petilion is disposed of by granting liberty to the petitioners to challenge the hnal report in accordance with law. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. \ ^,33ihlY'SH.H,R sEcrni-i'i oFFlcER ,o ,,. ,n" principal secretary, Home Department, Secretariat' Hyderabad' state of ,TTRUE COPY// 1 I#I, f ffi$6$**-t"':l"rt'*[:": PSK./MP HIGH COURT DATED:1910912025 ORDER WP.No.13556 ot 2014 't rlE S lA ,A 3 or ttB ?ozn t:. .). DISPOSING OF THE WRIT PETITION WITHOUT COSTS G} JKS q+f ,lze