Puttabanthi Kantaiah v. The State Of Telangana

[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 14944 OF 2021 Between:

Puttabanthi Kantaiah, S/o.Badraiah, Aged about 30 Years, Occ Coolie, Caste S.T., R/o. H.No. 5-135, Bakkamanthulagudem village, Matampally Mandal, Suryapeta District.

...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Home Department Secretariat building, Hyderabad T.S The Superintendent of Police, Suryapeta, Suryapeta District. The Deputy Superintendent of Police, Kodad, Suryapeta District. The Statlon House officer, Matampally Police Station, ar"il3,€r$3ri$rrra 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 any order or direction writ or writs more particularly one in the nature of Writ of Mandamus declaring the in action of the respondent no.2 to 4 in not registering the Crime pursuant to the written complaint dt.

2110612021 submitted by the petitioner under acknowledgment, is as illegal arbitrary, malafide and violation of article 14 of Constitution of lndia and also violate the Sec.18A of the SC/ST POT (Amendment) Act, 2018, Consequently direct the respondent no.2 to 4 to register the Crime pursuant to the written complaint dt.2110612021 submitted by the petitioner and cause investigation in accordance with law, in the interest of justice and equity lA NO: 1 OF 2021 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 respondent no.2 to 4 to register the Crime pursuant to the written complaint d1.

THE HCN'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.14944 of 2021 ORDER:

The writ petition is filed aggrieved by the action of the respondents No.2 to 4 in not registering the complaint of the petitioner dated 2 1.06.202 1.

2.

Learned Assistant Government Pleader for Home, on the basis of the written instructions, submitted that the petitioner has sent complaint dated 21.06.2027 through registered post to I I Mattampalli Police Station wherein he requested action be taken against one Thamma Saidireddy and others, who came to his house property and damaged the compound wall and threatened him by using his caste name and beat him, his mother and his wife. Entry was made in the Station General Diary. However, the petitioner did not approach the police with any information or relevant evidence. it is stated that if the petitioner approaches the police station with relevant evidence. enquiry will be conducted in accordance with law.

3.

Recording the same, the writ petition is disposed of directing the petitioner to approach the respondent No.4/Station House I Officer, Mattampalli Police Station, furnishing necessary evidence/information by taking assistance of a lawyer. On receipt of

such evidence/information, the respondent No.4 shall conduct and complete the investigation by following due process of law within a period of three (3) weeks from the date of receipt of necessary evidence/information from the petitioner.

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

ass*ii(rcn:SEfiXA //TRUE COPY/I Q[) SECTION OFFICER To, The Principal Secretary, Home Department Secretariat building, State of Telangana, Hyderabad T.S The Superintendent of Police, Suryapeta, Suryapeta District. The Deputy Superintendent of Police, Kodad, Suryapeta District. The Station House officer, Matampally Police Station, Suryapeta District. One CC to SRl. VENKATARAMANAIAH K Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 2.

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KKS GJP BSR 1'

HIGH COURT DATED:1010212023 { 1 r\E Sl a-;:L ,t Jo()

ORDER

2fl23 [2 I o WP.No.14944 ot 2021 * \ I DISPOSING OF THE WP WITHOUT COSTS to V gsK s?-