Mr. Khaled Bin Salej Jabri v. The State Of Telangana And 5 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 13163 OF 2020 Between:

Mr. Khaled Bin Salej Jabri, S/o. Saleh Sayeed, Aged about 42 years, Occ. Business, F/o. H. No.6-3-580/A, Khairatabad, Hyderabad. ...PETITIONER AND

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

2. The Commissioner of Police, Rachakonda, Hyderabad, T.S.

3. Station House Officer, Balapur, Rachakonda Police, Hyderabad.

4. Ahmed Bin Sayeed, S/o. Sayeed Jabri, Aged about 45 years, Occ. Busines F/o. H. No.18-13/2/1 , Salala, Kothapet Road, Saroornagar lvlandal, R.R. District.

5. Mr. Hussain Bin Sayeed, S/o. Sayeed Jabri, Aged about 55 years, Occ. Business, R/o. H. No.18-131211, Salala, Kothapet Road, Saroornagar Mandal, R.R. District.

6. Mr. Abdul Rahman Wailaan, S/o. Ayaat Mohammed Wailaan, Aged about 37 years, Occ. Business, R/o. H. No.'18-'13/126, Salala Kothapet Road, Saroornagar Mandal, R R District ...RESP.NDENr.

Petition under Article 226 of the 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, or order or direction, more particularly, one in the nature of Writ of Mandamus to declaring that the inaction on the part of the Respondents in not taking any action in FIR No.67/2020 and also in not providing police protection to the petitioner property, i.e., open plot of 500 sq yds each in Sy. No.

210/1 within the specified boundaries and situated at Balapur village of Jalpally Municipality, as per Representation, dated 08-08-2020 as illegal, untenable, unsustainable, and against the law as well as principles of natural justice and consequentially direct the Respondents to provlde police aid to implement Judgment and Decree passed by the Hon'ble I Additional Junior Civil Judge, R.R. District, at LB Nagar in O.S. No.789 of 2019 as per representation dated.08.08'2020 lA NO: 1 OF 2020 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 direct the Respondent Authorities to consider the Representation, dated 08-08-2020 of the petitioner and provide police protection Counsel for the Petitioner: SRI K. B.

RAMANNA DORA Counsel for Respondent Nos. 1 to 3: AGP FOR HOME Counsel for Respondent Nos.

The Court made the following: ORDER

2.

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13153 OF 2O2O ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 3.

2.

This writ petition is filed alleging that even though cognizable crime was reported on 37.07.2020 on the complaint reported by the petitioner, Crime No.67 of 2020 was registered for the offences punishable under Section 447, 427 and 506 rlw 34 I.P.C., so far there is no progress in investigation. Petitioner alleges that he has an injunction order granted by the I Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar on 23.06.2020 restraining defendants 1 to 3 from interfering in possession and enjoyment of the suit schedule property, the defendants continued to interfere with the subject property and therefore he sought protection of the police to enforce the decree granted in his favour. 3.

From the docket proceedings, it is seen that when the writ petition was considered on 24.08.2020, learned counsel for the petitioner sought two weeks time for taking steps to move before the concerned trial Court to seek police aid for implementing the said decree. Thus, petitioner on his own volition sought to take steps to move before the concerned trial Court to seek police aid for impiementation of the decree.

J 4.

Regarding the first limb of the prayer,as held by this Court jn Govind Raju Sami v. State of Telangana and Othersr and the Hon'ble Supreme Court in M.Subramaniam and another v. S.Janaki and another2, if the petitioner has grievance against delay in investigation into the Crime No.67 of 2O2O, he has an effective and efficacious remedy under the Code of Criminal Procedure.

5.

Granting the said liberty, the writ petition is disposed of. Miscellaneous petitions, if any pending, stand closed. il I ,1 2019 (3)ALT 139 2020 SCC online S.C. 341 SD/.B.SATYAVATHI ASSISTANT REGIS ,TRUE COPY// SECTION OFFICER To,

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

The Commissioner of"Police, Rachakonda, Hyderabad, T.S. The Station House Officer, Balapur, Rachakonda Police, Hyderabad. One CC to Sri K B Ramanna Dora Advocate [OPUC] Two CCs to GP for Home, High Court for the State of Telangana (OUT) Two CD Copies IVBC ,l

HIGH COURT DATED: 1611212020

ORDER

WP.No.13163 of 2020 gF 1,- ua,r.

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SltH * c DISPOSING OF THE WRIT PETITION WITHOUT COSTS )il'o -