Telangana High Court
WP/34999/2023 of Dinesh Babu Verapalli Vs The State of Telangana on 29 December 2023
S/o.Venkata Subbaiah Naidu, Aged about 34 years, Occ; Business, Fl/o.Flat No.301, Block No.A, Road No.l4 Haltmark Spring Fi6lds, Alkapur Township Manikonda, Hyderabad. ..,..PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary Home Department Secretariat, Hyderabad. 2.
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY
WRIT PETITION NO: 34999 OF 2023
Between:
Dinesh Babu Verapalli, S/o.Venkata Subbaiah Naidu, Aged about 34 years, Occ;Business, Fl/o.Flat No.301, Block No.A, Road No.l4 Haltmark Spring Fi6lds, AlkapurTownship Manikonda, Hyderabad.
..,..PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary Home DepartmentSecretariat, Hyderabad.Secretariat, Hyderabad.
2. The Commissioner, Cyberabad Commissionerate Cyberabad, R.R. District.
3. The Station House Officer, Madapur Police Station CyberabadCommissionerate Ranga Reddy District.Commissionerate Ranga Reddy District.
4. Smt.Vasanth Lakshmi Devineni, W/o.D.Uday Kiran, aged about 45 years, Occ;Managing Director of IKF Finance R/o.H.No.B-30, Road No.8, FilmhagarJubilee Hills, Hyderabad.;Managing Director of IKF Finance R/o.H.No.B-30, Road No.8, FilmhagarJubilee Hills, Hyderabad.
5. Devineni Jayadev Raja, Sio.D.Uday Kumar, Aged about 22 years, Occ ;Business, Rl/o.H.No.B-30, Road No.8, Filmnagar Jubilee Hills, Hyderabad.Business, Rl/o.H.No.B-30, Road No.8, Filmnagar Jubilee Hills, Hyderabad.
6. IKF Finance Ltd., Rep. by its Managing Director Smt.Vasanth LakshmiDevineni Corporate Office at Rayadurg, Sedingampalli Mandal, Ranga ReddyDistrict.Devineni Corporate Office at Rayadurg, Sedingampalli Mandal, Ranga ReddyDistrict.
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, Order or Direction more particularly one inthe nature of Writ of Mandamus, declaring the action of the Respondent Nos.2and 3 in failing to initiate further action for conducting the investigation and filingthe charge sheet in FIR No.992 of 2023 dated 06-.09-2023 on the file of 3'drespondent registered against the Respondent Nos.4 to 6 for the offence u/sec.406, 42O, 471, 120(B), 506 rlw 34 lpc as illegal, arbitrary and contrary tothe provisions of cr.P.c. and consequenfly direct the Respondent Nos.2 and 3 toforthwith investigate the offence and file the charge sheet by initiatingappropriate action as against the Respondent Nos.4 to 6 as per provisions ofCr.P.C.
I.A.NO:1 OF 2023
Petition under section l s1 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the Respondent Nos.2 and 3 to forthwith investigate the offence and filethe charge sheet by initiating appropriate action as against the RespondentNos.4 to 6 as per provisions of cr.p.c. pursuant to the registration of compraintin FIR No.992 ot 2023 dated 06-09-2023, pending disposar of the above writpetition.
Counsel for the Petitioner : SRI M.JANARDHAN RAO
Counsel for the Respondent Nos.1 to 3 : AGp FOR HOME
Counsel for the Respondent Nos.4 to 6 : --- The Court made the following ORDER
I
THE HONOURABLE SRI [JUSTICE ][C.V. BHASKAR ][R.EDDY]
V/RIT PETITION No.34999 [of2023]
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ORDER:
This Writ Petition, under [Article ][226 ][of ][the ][Constitution ][of]
India, is hled seeking [the ][following ][relief:]
'...to issue an aPproPriate writ, order or [direction, ][more ][particularly]one in the .,"tri. oi [Writ ][of ][Mandamus ][declaring ][the ][action ][of]respondent Nos.2 and [3 in ][failing ][to ][initiate further ][action ][for]conducting the investigation [and ][hting the charge ][in ][FIR ][No ][992 ][of]2023, dated 06.09 -2023 on [the ][frle ][of 3'r ][respondent ][registered]against respondent [Nos.4 ][to ][6 ][for ][the ][offence ][under ][Sections ][406,]44O,471,120-8 and 506 [read ][with 34 ][IPC, ][as ][illegal, ][arbitrary ][and]contrary to the [provisions ][of ][Cr-P.C ][and ][consequently ][direct]responient Nos.2 and 3 [to forthwith ][investrgate ][the ][offence ][and ][tile]chirge sheet by initiating [apProPriate ][action ][agarnst ][respondent]Nos.4 to 6 as [per ]the Provisions [of ][Cr.P'C..-"]
Heard learned counsel [for the ][petitioner, ][learned]
2. Assistant Government for [Home appearing ][lor ][respondent Nos ][l ][to]
3 and perused the [record.]
3. The petitioner is complainan[ [in Crime ][No ][992 ][ol 2023,]dated 06.09.2023, on the [hle ][of ][Madhapur Police ][Station,]Cyberabad District, registered [for ][the ][offences ][punishable ][under]Sections 406,42O,471 [l2O-B and ][5O6 ][read ][with ][34 ][IPC']
4. The grievance of the [petitioner ][is ][that ][though ][crime]was registered on O6.09.2023 [against ][respondent ][Nos'4 ][to ][6,]respondent No.3 is not [conducting ][fair ][and ][proper ][investigation]and not filing appropriate [charge ][sheet ][against the said persons']
5. Learned Assistant [Government ][Pleader ][for ][Home' ][on]instructions, would submit [that ][acting ][on ][the ][complainc ][of ][the]
t!
petitioner, a case in Crime No.992 of 2023 was registered on06.09.2023 and during the course of investigation it revealed thatthere are civil disputes between the petitioner and respondentNos.4 to 6 ald as such the said complaint was closed as tivil innature'. l,earned counsel further submits that a copy of saidclosure report is also sent to the petitioner by Registered post,.
6. At this stage, learned counsel for the petitioner wouldsubmit that copy of closure report is not furnished to the petitionerto enable the petitioner to avail the remedies as available underlaw.
7. In view of the said submissions, view of the said submissions, of the said submissions, the said submissions, said submissions, submissions, this Court deems Court deems deems appropriate to dispose of the Writ petition directing respondentNo.3 to furnish copy of crosure report to the petitioner within aperiod of tu,o u,eeks from the date of receipt of a copy of this orderand in the event of furnishing the same, the petitioner is at libertyto avail the remedies as available under law.
In view of the said submissions, view of the said submissions, of the said submissions, the said submissions, said submissions, submissions, this Court deems Court deems deems it
8. With the above observations, the above observations, above observations, disposed of. There shall be no order as to costs.
With the above observations, the above observations, above observations, the Writ petition is Miscellaneous petitions, if a_ny, pending in this writ petitionshall stand closed.
SD/. MOHD. SANAULLAH ANSARIASSISTANT REGISTRAR
//rRUE COPY//
,l^-- sEcfloN prrrcen
To1. The Principal Secretary, Home Department Secretariat, State of Telangana atHyderabad-1. The Principal Secretary, Home Department Secretariat, State of Telangana atHyderabad-
2. The Commissioner, Cyberabad Commissionerate Cyberabad, R.R. District.3. The Station House Officer, Madapur Police Station CyberabadCommissionerate Ranga Reddy District.3. The Station House Officer, Madapur Police Station CyberabadCommissionerate Ranga Reddy District.4. Two CCs to GP For Home, High Court for the State of Telangana atHyderabad. [OUT]Hyderabad. [OUT]
5. One CC to Sri M.Ja ardhan Rao , Advocate [OPUC]
6. Two CD Copies
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HIGH COURT
DATED:2911212023
ORDERWP.No.34999 of 2023
DISPOSING OF THE W.P
WITHOUT COSTS.
1t\[E ][STAT€]okc1 4 ttB [202[]:,'ja., ,:),\: