Telangana High Court
WP/33936/2023 of Gode Kasi Annapurna Vs The State of Telangana on 29 December 2023
STATE oF TELANGANA ..,,ffi iil*Ji',ffi *ili**=*,=- [ 32s6 ] ll, PRESENT , THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY lui*,, ".r,r,oN No: 33e36 oF 2023 Between: I I Gode Kasi orrllrnr, W/o. Satyanarayana, aged 67 years, Rl/o. Flat No.5, Plot No.31/34, Gdkul Plots, Sri Venkata Ramana
[ [32s6 ]]FoR THE STATE oF TELANGANA,,"Jil,-, I..,,ffi iil*Ji',ffi *ili**=*,=-ll, PRESENT, THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYlui*,, No: 33e36 oF 2023".r,r,oN Between: I IGode Kasi orrllrnr, W/o. Satyanarayana, aged 67 years, Rl/o. Flat No.5,Plot No.31/34, Gdkul Plots, Sri Venkata Ramana Colony, Hafeezpet Mandal,Kukatpally, Hyderabad-500085, Telangana State,I I ...PETITIONER1. rhe State ot rffir*, ,"*rtrlil, Hor", n"p. by its [principat ]secretary,Secretariat, Hydethbad.2. The Station Ho0s€ Officer, PS Kukatpally, Kukatpally, Medchal Malkajgiridistrict. Telanoahd State.3. The C6mmissioh{'of Pollce, Gachibowli, Cyberabad.4. Sri Vagicherla Jbrltirdhan rao, S/o. V. Subba Rao, Aged about. Major, Occ.Business, R/o. fldt No.302, Plot No.2B7, Sriven Towers, Bandari Layout,Backside Hanuttdh Temple, Nizampet, Medchal Malkajgiri District-s00 090s. Irivrgi"n"rr, tritlasurr, s/o. v. subba Rao, Aged about . Major, occ.Business, Both R/b. Flat No.302, Plot No.2B7, Sriven Towers, Bandari Layout,Backside Hanumdn Temple, Nizampet, Medchal Malkajgiri District-soo 090o. Irisvrttit"rjr"J J" Ramaswamy, Aged about . 48 years, occ.Buitder.Ri/o.H. No.3-63/1 Cf Nizampet (Po),Qutubullapur, Medchal Malakajgiri Distric!500 009.T.s. I I| | ...REsPoNDENrsPetition 226 of lhe Constitution of lndia [praying ]that in the,no"r[ti"l" circumstances ,,","$il, the affidavit filed therewith, the Fligh Court may bepleased to issue Jf,tiopriut" Writ, Order or Direction, more particularly one in"n the nature of Writ of fi#Orrr", declaring the high handed action of RespondentNos.2 in not Oischaffithe statutory function obligated under Sec.'154, 156 ofCr.P.C., as illegal, ,rffi.y, unjust and contrary to [provisions ][of ][Section ][154 ][and]'156 Cr.P.0 and also to the [judgment ]rendered in Lalitha Kumari Vs. State#i[o of UP and the Respondent No.3 to take appropriate [action]"on""or"lr[ioirect under Section 154 ;ntt 156 of Cr.P.C on the Complaint dated 06.11.2023submitted Oy the Petitloiler in the interest of Justice.
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lA NO: 1 OF 2023Petition under ll
151 CPC praying that in the circumstances stated inthe affidavit neO in sdf,Srt of the petition, the High Court may be pleased to directthe Respondent f.f o.Zfoltate appropriate action in compliance of Section 154 and'156 of Cr.P.C on tht tompraint dated 06.11.2023 submitted by the Petitionerforthwith pending ais&3ilot the main Writ Petition in the interest of Justice.
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counset ro, ft'. [p"titHtir: ]rt,Irs. c. r,,rer-rrx rCounsel for the Respblldent Nos.1 TO 3: AGP FOR HOMErCounsel for the Respb,ildent Nos.4 TO 6: -The courtrn"a" rn. lolf,*ing: ORDER
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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY$IRII PETITION No.33936 O
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ORDER:
This writ petition is filed seeking following relief "....to issue an appropiate Writ Order or Directionmore partianlarlg one in the nature of Writ of Mandamusdeclaing tlrc high handed action of Respondent Nos.2 innot discharging the statutory function obligated underSeclions 154, 156 of Cr P C as illegal arbitrary unjustand contrary to prouisions of Section 154 and 156 Cr P 0and also contrary to the [judgement ]rendered in LalithaKumai Vs State of UP and consequently direct theRespondent No 3 to take appropiate action under Section154 and 156 of Cr P C on the Complaint dated O6 112O23 submitted bg the Petitioner in the interest of Justice
2. The case of the petitioner is that she lodged a complaint,dated O6.11.2023 before respondent No.2 and even though thesaid complaint reveals cognizable offences, the respondents-police have failed to act upon the said iomplaint in accordancewith Section 15a (3) of Cr.P.C and also the guidelines issued bythe Hon'ble Supreme Court in Lalitd Kurndri o. State oJ UttarIPradeshl.I
3. learned Assistant Government Pleader for Home submitsthat acting on the complaint submitted by the petitioner, therespondents-Police have made G.D. entry and conducted ' [12ot+1 ][2 ][scc ][t]
investigation and as the said investigation revealecl that thereare serious civil disputes between the petitioner and respondentNos.4 to 6, the said complaint was closed as "civil in nature".
4. lrarnect counsel appearing for the petitioner submits thatthe petitioner has not received any intimation regarding the saidclosure report.
5. In view of the said submission, this Court deems itappropriate l.o dispose of the writ petition directing therespondents-police to furnish a copy of the closure report to thepetitioner to enable her to take appropriate steps in accordancewith law.
6. Accordingly, this writ petilion is disposed of. There shallbe no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
sD/-8.THIASSISTANT RISTRARSE,CTIONFFICER\
//TRUE COPY//SE,CTIONTo1. The Principal Stary, Secretariat, Hyderabad, State of Telangana,Department of Hohe.2The Station Hodsd Ofiicer, PS Kukatpally, Kukatpally, Medchal Malkajgiridistrict, Telangahd State.1The Commissione? of Police, Gachibowli, Cyberabad.4One CC to M/s G.MALATHI, Advocate [OPUC]5Two CCs to GP,FOR HOME, High Court for the State of Telangana, atHyderabad. [otJTI6rwocD""'1],PSK.B
HIGH COURTIDATED:29/13IORDERWP.No.339362023IDISPOSINGHE WRIT PETITIONWITHOUT COSS."X"'@cr1to"ae- 1[$E. ][S ][TA][r€]tc()0 2 [FEB ][202{]I*DEsPAl'cil eO[*]