Aechuri Ramulamma v. The State Of Telangana And 6 Others

[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT .

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 2084 OF 2023 Between:

Aechuri Ramulamma, Wo Late Krishna Murthy, Aged about 76 years, Occ. Household, R/o 302, Madhuvan Apartment, Plot No. 20, Gouthami Enclave, Kondapur, Hyderabad-500084.

...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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2. The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad.

3. The Station House Officer, Gachibowli Police Station, Cyberabad Commissionerate.

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4. Aechuri Srinivas, S/o Late Krishna Murthy, Age Major, Occ. Advocate 202, Vaishnavi Residency. Reddy colony, Miryalaguda, Nalgonda- 508207

5. Aechuri Sri Harsha, S/o Srinivas, Age Major, Occ.Engineer, R/o Clio Sports Arena. Beside Manasa Sai Apartments, Vidya Nagar, Housing Board Colony, Miryalaguda, Telangana 508207. ._6. Aechuri Srikar, S/o Srinivas, Age Major, Occ.Engineer, No 202, Vaishnavi Residency, Reddy colony, Miryalaguda, Nalgonda- 508207.

7. Ranga Kiran, S/o Ranga Venugopal, Age Major, Occ. Business, R/o Flat No. 412,Ram Mohan Towers, Huda Complex, Kothapet, Hyderabad-500060 ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly Respondent No.3 in not registering the FIR against the respondents No. 4 to 7 in pursuance of

complaint dt. 0510112023 made by the petitioner though the offences are serious in nature as illegal, arbitrary, unconstitutional, violative of Principles of natural justice and contrary to the judgments of the Honorable Apex Court and consequently direct the respondents to register FIR against the respondent Nos. 4lo 7 in pursuance of my complaint dated 0510112023 lA NO: 1 OF 2023 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 direct the respondents No. 2 & 3 forthwith to register the FIR against the respondent Nos. 4 to 7 in pursuance of my complaint dated 0510112023 made by the petitioner, pending disposal of the main Writ Petition. Counsel for the Petitioner : SMT. N MANGA SHREE Counsel forthe Respondent Nos.1 to 3: AGP FOR HOME Counsel for the Respondent No.4 : SRI. PASHAM RAVINDER REDDY Counsel for the Respondent No.7 : SRl. G BARATH REDDY The Court made the following : ORDER ,t'

HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.2084 OF 2023 ORDER:(ORAL) This writ petition is filed aggrieved by the action of respondent No.3-Station House Officer, Gachibowli Police Station, in not registering First lnformation Report on complaint of the petitioner dated 05.01.2023 Heard Smt. Nunna Manga Shree, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, Mr. Pasham Ravinder Reddy, learned counsel for respondent No.4, tt4r. G. Bharath Reddy, learned counsel for respondent No.7, and perused the material available on record. 3.

ln the written instructions received by the learned Assistant Government Pleader for Home, it is stated that the complaint of the petitioner dated 05.01 .2023 was indeed acted upon. GD entry was made. During enquiry, it was disclosed that the matter was purely civil in nature, as such, the complaint was closed and notice dated 25.01 .2023, intimating closure of the complaint, was issued to the petitioner through registered post. Copy of the said notice along with postal receipt is served on the learned counsel for the petitioner.

BVR,J WP.No.2084 2023 4.

Respondent No.4 is the only son of the petitioner. Respondent Nos.5 and 6 are the sons of respondent No.4, and respondent No.7 is the son of the deceased daughter (Kalpana) of the petitioner. Petitioner and respondent Nos.4 and 7 personally appeared before this Court This Court has personally enquired with the petitioner as to what grievance she has against respondent Nos.4 to 7. The petitioner stated that she is being threatened by respondent Nos.4 to 7 on mobile phone and interference is being caused in respect of item No.1 of the suit schedule property in O.S.No.20 ol 2022 pending on the file of VAdditional District Judge, tt/liryalguda, which, according to the petitioner, was gifted to K. Prasana Laxmi and V. Lakshmi, the daughters of the petitioner. Respondent No.

4 stated that he had been residing in lVliryalguda and the petitioner has been residing with one of her daughters, Laxmi, at Hyderabad and they are not(kr talking terms for the past seven years, and that except meeting the petitioner in some family and social gatherings, respondent No.4 never met the petitioner. So also respondent No.7 stated that he was brought up by his paternal grandparents and he does not have any contacts with the petitioner for the past more than eight years. Respondent Nos.4 and 7 categorically state that they will not cause any interference to the petitioner and her daughters also either by calling them on mobile phones nor would lock item No.

_---------------7 / l BVR,J WP.No.2084 2023 O.S.No.20 of 2022 i.e., open house plot admeasuring 726 square yards bearing Plot Nos.157, 158, 159, '160 and 16'l in Survey No.844 situated at Ashok Nagar, Miryalaguda Village & Mandal, Nalgonda District.

5.

Mr. Pasham Ravindra Reddy, learned counsel for respondent No.4, and Mr. G. Bharath Reddy, learned counsel for respondent No.7, submitted that partition suit in O.S.No.2O oI 2022 on the file of VAdditional District Judge, Miryalguda, was instituted by respondent No.7, and order dated 28.12.2022 was passed in l.A.No.'l 154 of 2022 restraining the petitioner herein and other defendants from alienating the suit schedule properties. That the petitioner is trying to convert the civil dispute by giving a criminal angle, thereby to gain sympathy of this Court.

6.

Recording the statements of respondent Nos.4 and 7, the writ petition is disposed of. If the petitioner has got any other grievance at later point of time and if the undertaking given by respondent Nos.4 and 7 is violated, the petitioner is given liberty to approach this Court seeking modification of this order. This order shall not have any bearing on adjudication of injunction application in 1.A.No.1154 ot 2022 and the suit in O.S.No.20 of 2022 on the file of V-Additional District Judge, Miryalguda, on merits. lt is made clear that observations made in this order are only for the purpose of disposal of this writ petition. .-""".

BVR.J WP.No.20tl4 2023 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs. SD/-N.SRIHARI ASSISTANT REGISTRAR v'

SECTION OFFICER //TRUE COPY// To, '1. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.

2. The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, Hyderabad.

3. The Station House Officer, Gachibowli Police Station, Cyberabad Commissionerate.

4. One CC to SRl. N MANGA SHREE, Advocate [OPUC]

5. One CC to SRl. PASHAM RAVINDER REDDY, Advocate [OPUC]

6. One CC to SRl. G BARATH REDDY. Advocate IOPUC]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies

9. One Spare Copy

HIGH COURT BVR,J DATED:2 410212023 t{E ST4 {.1.

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ORDER

WP.No.2084 of 2023 DISPOSING OF THE WP WITHOUT COSTS