✦ High Court of India · 06 Oct 2025

U. Thimmappa S/o. Pedda Maldakal' Aged 45 years v. 1. The State of Ielangana

Case Details High Court of India · 06 Oct 2025
Court
High Court of India
Decided
06 Oct 2025
Bench
Not available
Length
1,209 words

5- Smt. Lakshmi, Wo. Late Venkatanna,_Aged Major, Occ: Agriculture, R/o. Dyagar Doddi Village, Dharoor Mandal, Gadwal District

6. V.Thipanna, S/o. Not known, Aged Major Occ: Agriculture, Rl/o. Dyagar Doddi Village, Dharoor Mandal, Gadwal District.

7. Dyagat Doddi Gooal. S/o. Not known, Aged Major, Occ: Agriculture, Rl/o. Dyagar Doddi Village, Dharoor Mandal, Gadwal District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or affection, more particularly a writ in the nature of writ of Mandamus, to declaring lle inaction of the Respondents 2 and 3 in not conducting any investigations and registering FIR against the Respondents 4lo 7 for the offence of murder held on 2210412017 of the daughter and minor grandson of the Petitioner, inspite of the complain': dl'.2310412017 and 30/06/2017 but registering an FIR against the only Accuserl lhe son yin-law of the Petitioner in FlR.No 10412017 dt. 23tO412O17 as arbitrit y, illegal and in violation of sec.154 and '1 56 of cr.P.c. and other concerned pror, sions of cr.P.c. and also Article 21 and 14 of Constitution of lndia and conseque rtly to direct the Respondents 2 and 3 to conduct investigation and to registe' F IR against the Respondents 4 to 7 named in the complainls dl: 2310412017 anc :\010612017 and to take action on such FIR against the Respondents 4 to 7 l; per law in the interest of justice. l.A. NO: 1OF 2017 (WPMP. NO: 46229 OF 2017 ) Petition under section 151 CPC praying that in the circurl ;tances stated in the affidavit filed in support of the petition, the High court may t,r pleased to pass interim direction to the Respondents 2 and 3 to consider anrl t,ake appropriate action on the complaints dI:2310412o17 and 3010612017 of the )etitroner against the Respondents 4 to 7 named in the complaints U/Sec- 156 irr ct 154 of cr.P.c. pending the above Writ Petition in the interest of justice. Counsel for the Petitioner: SRI SHAFATH AHMED KHAN (NO-- PRESENT) Counsel for the Respondents No.1 to 3: SRI M. SRINIVAS, AGI FOR HOME Counsel for the Respondent Nos.4 to 7: - The Court made the following: ORDER THE HONOURABT F SRI JUSTICE N.TUKARAMJI WRIT PETITION No.37209 OF 2017 ORDER: This Writ Petition is frled with the following relief: "... to issue an appropriate urit order or direction, more panicularly a writ in rhe nature of rurit of Nttandamus, to declare the inaction of the Respondent Nos.2 and J in not conducting any investigations and registering FIR against the Respondcnt Nos.4 to 7 for the offence of murder held on 22/04/2017 o[ the daughter and minor grandson of the Petitioner, inspite of the C-omplains dt 23/04/2017 and l0/oe/2017 bt regisrcring an FIR against the only Accused, the son- in-law of the Petitioncr in FIR No.1O4l2aV dt 23/04/2017 as a*:itrrry, illegal and in violation of Sec.154 and 155 o[ G.P.C. and other concemed provisions of G.P.C and also Anicle 2I and 14 of C-onstirudon of India and consequendy to direct the Respondent Nos.2 and 3 to conduct investigation and to register FIR against the Respondent Nos.4 to / named in the C-omplains dtt 23/04/2aff and 3a/06/2017 and to ulre action on such FIR againsr the Respondcnt Nos.4 to 7 as per law in the interest of justice and pass..."

2. None appeared on behalf of the petitioner.

3. I have heard Mr.M.Srinivas, leamed fusistant Govemrnent Pleader for Home appearing for respondent Nos. 1 to 3.

4. The Leamed fusistant Govemment Pleader for Home submitted that the petitioner's contention regarding the alleged failure to register a crime based on her representations dated 23.04.2017 and 30.06.2017 does not survive for consideration. It is submitted that Crime No. 104 of 20U was, n ., fact, registered on the basis of the representarion dated 2i.: LzaV , and upon completion of investigation, a charge sheet was filed, whic r r,,as taken on file as S.C No. 205 of 20t9 on the file of the Chief Judicial l\l gistrate, Gadwal. After a full-fledged trial, the accused was acquitted bv iudgment dated

07.05.2025. Flence, the Leamed Govemment Pleader : rrtends that the grievance raised by the petitioner no longer subsists.

5. I have pensed the material available on record.

6. The petitioner's primary contention is that the res1, ndent authorities failed to register a c rime against the unofficiai respondents (Nos. 4 rc 7) f or the alleged murder of the deceased and that the inv,' tigation was nor conducted in a fair and proper rrranner. However, fr,rrr rhe submissions made on behalf of the respondent pol.ice and the rcc<,r 1 produced, it is evident that Crime No. 104 of 2Ol7 was indeed registcri I on the basis of one of the petitioner's representations. Upon invesrigation ic u,as found that the deceased had comrnirted suicide, and a charge shee was accordingly filed. The case was tried as Sessions Gse No. 205 of 019, wherein the Court framed charges under Sections 498-4 and iO6 c{ r.he Indian Penal Code, 1860 (IPQ. relating to cruelty and abetment o[ , L,icide, instead of Section 102 IPC (murder) as alieged by the petitiont,r [fosever. after a detailed trial, the Sessions C-oun, upon due apprecir irn of evidence, \ 3 acquimed the accused Persons, holding that the Prosecution failed rc establish the charges beyond reasonable doubt.

7. Flaving considered the facts and circumstances of the case, and noting that the comPetent Sessions C-oun has duly appreciated the evidence on record and acquimed the prime accused after a full-fledged trial this c-oun is of the considered view rhar no ftinher issue survives for adjudication in t]le present proceedings. The matte r has already been subjected to judicial scrutiny by the rial coun, and there is no manifest illegaliry' procedural irregulanry or violation of fundamental rights warranting interference under Anicle 226 of the Corstitution of lndia' Accordingly, this Writ Petition stands dismissed as devoid of merit' 8 There shall be no order as to costs Miscellaneous Petitions, pe nding if any, shall stand closed' Sd/- K. BHAVANI SWAMY ASSTSTANTjiEGTSTRAR //TRUE COPY// sec{ro€lr oFFrcER To

1. One CC to SRI SHAFATH AHIMED KHAN, Advocate [OPUC] 2. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUTj

3. Two CD Copies MP o t HIGH COURT DATIt.D:0611012025 ,ii:S ( /t -) t^,.. 2.. 'x. \*^'"\'-cb't ; ir, 7f}71i ,'l ,. -*v:v ORDER WP.No.17209 of 2017 DISMISSING THE VlI ?IT PETITION AS DEV()ID OF MERIT WII'{OUT COSTS 0 M

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