J. Shyam Babu v. The State Of Telangana
[3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 21146 OF 2022 Between:
J. Shyam Babu, S/o. Late. J. Hanumanth Rao, Occ. Business, R/o. H.No. 10-667/1, R.No. 1, Brindavan Colony, Saroor Nagar, Ranga Reddy District. ...PETITIONER AND
1. The state of Telangana, Represented by its Principle Secretary Home Department Secretariat Buildings Hyderabad.
2. The Commissioner of Police, Rachakonda Commissionerate LB Nagar, Ranga Reddy District
3. The Station House officer, PS Saroor Nagar, Hyderabad ...RESPONDENTS 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, order or direction more particularly one in the Nature writ of Mandamus direct the respondent No. 3, to consider petitioner representation, daled 0110712021, forthwith, afresh, inconsequentially issue the FIR or other appropriate Proceedings, for loss of original Passport No. P1183900, since the order Passed by the respondent No. 3, is in violation of article 14 of Indian constitution;
lA NO: 1 OF 2022 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 suspend the orders Passed by respondent No. 3, dated 30.12.2021: Counsel for the Petitioner: SRl. M RATHAN SINGH Counsel forthe Respondents Rl TO R3: AGP FOR HOME The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.21146 OF 2022 ORDER:(ORAL) ln this writ petition, the petitioner is aggrieved by action of respondent No.3-Station House Officer, Saroor Nagar Police Station, Hyderabad, in not considering his representation dated 01 -07.2021 in connection with loss of original passport bearing No.P1 183900. 2.
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, and perused the material available on record.
3. ln the written instructions dated 26.04.2022 received by the learned Assistant Government Pleader for Home, it is stated that enquiry was conducted after receipt of complaint from the petitioner. The petitioner has failed to submit requisite evidence of shifting the luggage, in which he has placed his passport, from one place to another place. As no substantive evidence of loss of passport came to light in the enquiry, the police did not issue any First lnformation Report or any appropriate proceedings to the petitioner, and the petition of the petitioner was disposed of. lt is further submitted by the learned Assistant Government Pleader that there is a separate procedure for registering the complaint in connection with loss of passport. A complaint has to be registered through lMee-Seva portal.
Further, a public notice has to be issued, and later Special Branch enquiry will be conducted. The police are required to follow the guidelines issued under Circular Memorandum dated 08.03.2020 in that regard.
4.
Learned counsel for the petitioner submitted that Mee-Seva application is already filed and other procedural requirements will be complied with.
5. ln view of the above, the writ petition is disposed of directing respondent No.3 to act upon Mee-Seva application of the petitioner dated 01 .07.2021 and conduct enquiry by complying with the guidelines issued under Circular Memorandum dated 08.03.2020. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs. SD/.L.SHIVA PARVATHI ASSISTANT REGISTRAR L rl orr To, //TRUE COPY// SECTIO ICER
1. The Principle Secretary Home Department Secretariat Buildings' State of Telangana, Hyderabad.
2. The Commissioner of Police, Rachakonda Commissionerate LB Nagar, Ranga Reddy District
3. The Station House officer, PS Saroor Nagar, Hyderabad
4. One CC to SRl. M RATHAN SINGH Advocate [OPUC]
5. Two CCs to GP FOR HOME, High Court for the State of Telangana, Hyderabad. [OUT]
5. Two CD Copieq
HIGH COURT BVRJ DATED: 03t01t2023
ORDER
WP.No.21146 of ZO22 c{r- 'i lig S '5 20 t/{il wt ,.} WP IS DISPOSED OF WITHOUT COSTS