Madhavaram Susheelamma v. The State Of Telangana

[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 9663 OF 2024 Between:

1. Madhavaram Susheelamma, W/o. Late Bachaiah, Aged 73 years, Occ House hold, native of Village Chandrakal, Mandal Pedda Kothapalli, District Nagarkurnool, presently residing at H.No.8-'l-18-2O11, Ktanthi Nagar Colony, Road No.3, Kharmanghat, Hyderabad, Rep. by her GPA holder [Vladhavaram Thlrupathi Rao, S/o. Bachaiah

2. I\,4adhavaram Thirupathi Rao, S/o. Bachaiah, Aged 51 years, Off Pvt Employee, native of Village Chandrakal, Mandal Pedda Kothapalli, District Nagarkurnool, presently residing at H.No.8-1-18-2011, Kranlhi Nagar Colony, Road No.3, Kharmanghat, Hyderabad ...PETITIONERS AND

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

2. The Superintendent of Police, Nagarkurnool District.

3. The Circle lnspector, Kolhapur, Telangana

4. The Station House Officer, PS Pedda Kothapally, Nagarkurnool 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 Direction, more particularly one in the nature of Writ of lMandamus, declaring the inaction of the Respondent No.4 in not discharging the statutory functions obligated under Sec.'1 54, 156 of Cr.P.6 based on the Petitioners complaint dated 1110312024 made before the Respondent No.4, though the contents of the Complaint clinchingly discloses cognizable offences in nature, requesting to take necessary action under the provisions of Criminal Procedure Code as illegal, arbitrary, unjust and contrary to provisions of Section 154 and 156 Cr.P.C and contrary to the judgment rendered in Lalitha Kumari Vs. State of UP and consequently direct the Respondent No.4 to take

-----------7 appropriate action under section 154 and 156 of cr.P.c on the complaint dated 11103t2024 submitted by the Petitioners in the interest of Justice' lA NO: 1 OF 2024 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 ihe Respondent No-4 to take appropriate action in compliance of Section 154 and 156 of cr.P.c on the complaint dated 1110312024 submitted by the Petitioners forthwith pending disposal of the main writ Petition in the interest of Justice. Counsel for the Petitioners: SRI S.LAKSHMI KANTH Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER

THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT P TITION No.9663 oJ 2fJ24

ORDER

I t . The writ petition is filed aggrieved by the action oF the respondent No.4 in not registering FIR pursuant to the complaint of the p€titioners dated 11.0 3.2024.

2.

Learned Assistant Government Pleader for Home, on the basis of the written instructions, submitted that based on the contents of the complaint of the petitioners, GD entry was made on L9 .O3.2024. The respondent No.4 conducted enquiry. It was found in the course of enqulry that there are disputes between the petitioners and private persons and as such, the complaint was closed as civil in nature and the same was intimated to the petitioners by registered post on 19.O4.2O24. 3.

Copy of the written instructions and notice intimating closure of complaint are served on the learned counsel for the petitioners' 4.

In view of the above, no further orders are required to be passed in the writ petition. The writ petition is accordingly closed. However, the petitioners are given liberty to avail appropriate legal remedies if they are aggrieved by the closure of their complaint.

The miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

SD/. G. SIREESIJA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFTCER To One CC to SRI S.LAKSHMI KANTH, Advocate [OPUC] Two CCs to GP FOR HOI\/E, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies PSK.

GJP s

HIGH COURT DATED:2310412024 OR 1 r1b -S ltl (, c -)) I r ,C,

ORDER

0 1 i,"'i 2g24 I 'l WP.No.9663 of 2024 a1 r. 1 .r.r., r aHL -s-:-==:::- z CLOSING THE WRIT PETITION WITHOUT COSTS.

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