Telangana High Court
WP/16249/2021 of Koppally Shanker Vs The State of Telangana on 29 December 2022
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO -" :PRESENT: THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:16249 OF 2021 [ 3183 ] Between: AND 1. Koppally Shanker, S/o. Gangadhar, Aged
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)THURSDAY, THE TWENTY NINTH DAY OF DECEMBER-"TWO THOUSAND AND TWENry TWO :PRESENT:
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDYWRIT PETITION NO:16249 OF 2021
Between:
Koppally Shanker, S/o. Gangadhar, Aged about 41 years, Occ: privateService, R:/o. Chinthalchanda Village, Laxmanchanda Mandal, Nirmal DistrictService, R:/o. Chinthalchanda Village, Laxmanchanda Mandal, Nirmal District(Erstwhile Adilabad District).
...Petitioner
AND
1.The State of Telangana, Rgp. Oy Prl Secretary, Home Department,Secretariat, Hyderabad.,'Secretariat, Hyderabad.,'The Superintendent of Police, Nirmal, Nirmal District. / /
/
2
The Deputy Superintendent of Police, Nirmal, Nirmal District.4The Circle lnspector, Soan Police Station, Nirmal, Nirmal District. [/.]
EThe Station House Officer, Laxmanchanda police Station, Nirmal District.6Yoonas Ahmad Ali Inspector of Police, Laxmanchanda police, Nirmal Shaik, S/o. Not Known, Aged about: District. not kngwn, Occ /'Sub_6Yoonas Ahmad Ali Inspector of Police, Laxmanchanda police, Nirmal Shaik, S/o. Not Known, Aged about: District. not kngwn, Occ /'Sub_
7Kondapurapu Borralna @ Koppally Bonanna, S/o Balayya, Aged about 52years, Occ: Agricg*fure, Rl/o. Chinthalchanda Village, Laxmanchanda Mandal,Nirmal District. [(]years, Occ: Agricg*fure, Rl/o. Chinthalchanda Village, Laxmanchanda Mandal,Nirmal District. [(]
... Respondents
circumstances Petition under stated A(icle in the 226 affidavit of the filed constitution therewith, of the lndia High praying - court that may in thebepleased to issue writ order or direction more particularly one in the nature oiwritof Mandamus declaring the action of the respondents more particularlyrespondent Nos.4 to 6 in not investigating the cr.No.13/2021, dated 01lo3l2o21for the offences U/Sec. 406, 420 of IPC which is registered basing on thepetitioner complaint daled 0110312021 as being illegal, arbitrary and violation ofprincipals of Natural justice and also violation of Article 14,21 of the constitutionof lndia and consequently direct the respondent Nos.4 to 6 to conductrinvestigation duly affecting arrest of the 7th respondent and file charge sheet. J
lA NO: 1 OF 2021
Petition under section 151 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.4 to 6 to proceed with the Investigation in crime No i3ot 2021 dated 01 .03.2021 basing on the report made by tbd petitioner dated01 .03.2021 for the offences under Section 406 and 42O lpc. [/ ], Counsel for the Petitioner: SRl. BONDEMPALLY RAMULU / Counsel for the Respondent No.1 to 5: AGP FpR HOME (TG) ,/Counsel for the Respondent No.1 to 5: AGP FpR HOME (TG) ,/
,
The Court made the following: ORDER I
i
I
I
HONOURABLE SRI JUSTICE B, VIJAYSEN REDDY
WRI@
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ORDER:
This writ petition is filed seeking the foilowing relief; "ro issue Wit order or direction more particllarlg one in the nature ofWit of Mandarnus declaring the actton of the respondents more particularlgrespotldent Nos. 4 to 6 in not inuestigating the Cr.No.13/2021 dated01/ 03/ 2021 for the. olfences U/ Sec. 406, 420 of IPC luhich is [registered ]basingon the petitioner complaint dated 01/03/2021 as being iltegal, arbitrary andutolation of pincipaLs of Natural llstice and al.so uiolation of Article 14, 21 of theConstitutton of India and consequentLg direct the resporld.ent Nos. 4 to 6 toconduct inuestigcttion duly affecting anest of the 7h respondent and file chnrgesheet'.
2. Basing on the written instructions, the learned Assistant PublicProsecutor submitted that investigation was conductcd in this case andLW's. 1, 2 ancl 3 wero examined and their statemcnts were recorded.Further, the Investigating Oflicer addressed letters to the State Bank ofHyderabad, Nirmal Branch on 05.05.2021 and 06.06.2021 with arequest to provicle the detailed Statement of Account of the Bankaccount of ttre accused, bearing No.SBHS2 135680189. As per theevidence collecterl during Lhe course of investigation, as no case lsmade out against the accused, the complaint was referred as "False", asper the procecdings ol the Sub-Divisional Police Otficer, Nirmal videletter C.No.298lSDPO-N/2021, dated 23.Oa.2O2I and intimated thesame to the petitioner
3. In view of the above, no further orders are required to bepassed. If the petitioner is aggrieved by the final report, he is at liberty to approach the concerned Court, by filing protest petitionunder section 173(8) of Cr.p.C.
4Accordingly, the writ petition is disposed of.
The miscellaneous petitions pending, il any, shall standclosed. There shall be no order as to costs.
SD/. P. CH. NAGABHUSHAMBAASSISTANT RESTRAR//TRUE COPY//ISECTIONFFICER
To,'1. One CC to SRt. BONDEMP4ILY RAMULU Advocate IOPUCI2. Two CCs to cp FOR HOME (TG), High Court for tne dtate ofT"tangan"[ouT]3. Two CD Copies HIGH COURT
BVR.JDATED:2911212022
ORDERWP.No.16249 of 2021
WRIT PETITION IS DISPOSED OFWITHOUT COST
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