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High Court for State of TelanganaWP/33936/2023closed no costs

Gode Kasi Annapurna v. The State Of Telangana

2023-12-29C.V. Bhaskar Reddy5 pages

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,,"Jil,-, FoR THE STATE oF TELANGANA [ 32s6 ] ..,,ffi iil*Ji',ffi *ili**=*,=- ll, PRESENT , THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY lui*,, ".r,r,oN No: 33e36 oF 2023 Between: I I l Gode Kasi orrllrnr, W/o. Satyanarayana, aged 67 years, Rl/o. Flat No.5, Plot No.31/34, Gdkul Plots, Sri Venkata Ramana Colony, Hafeezpet Mandal, Kukatpally, Hyderabad-500085, Telangana State, I I ...PETITIONER

1. rhe State ot rffir*, ,"*rtrlil, Hor", n"p. by its principat secretary, Secretariat, Hydethbad.

2. The Station Ho0s€ Officer, PS Kukatpally, Kukatpally, Medchal Malkajgiri district. Telanoahd State.

3. The C6mmissioh{'of Pollce, Gachibowli, Cyberabad.

4. Sri Vagicherla Jbrltirdhan rao, S/o. V. Subba Rao, Aged about. Major, Occ. Business, R/o. fldt No.302, Plot No.2B7, Sriven Towers, Bandari Layout, Backside Hanuttdh Temple, Nizampet, Medchal Malkajgiri District-s00 090 s. Irivrgi"n"rr, tritlasurr, s/o. v. subba Rao, Aged about . Major, occ. Business, Both R/b. Flat No.302, Plot No.2B7, Sriven Towers, Bandari Layout, Backside Hanumdn Temple, Nizampet, Medchal Malkajgiri District-soo 090 o. Irisvrttit"rjr"J J" Ramaswamy, Aged about . 48 years, occ.Buitder. Ri/o.H. No.3-63/1 Cf Nizampet (Po),Qutubullapur, Medchal Malakajgiri Distric! 500 009.T.s. I I | | ...

REsPoNDENrs Petition ,no"r[ti"l" 226 of lhe Constitution of lndia praying that in the circumstances ,,","$il, the affidavit filed therewith, the Fligh Court may be pleased to issue "n Jf,tiopriut" Writ, Order or Direction, more particularly one in the nature of Writ of fi#Orrr", declaring the high handed action of Respondent Nos.2 in not Oischaffithe statutory function obligated under Sec.'154, 156 of Cr.P.C., as illegal, ,rffi.y, unjust and contrary to provisions of Section 154 and '156 Cr.P.0 and also #i[o to the judgment rendered in Lalitha Kumari Vs. State of UP and "on""or"lr[ioirect the Respondent No.3 to take appropriate action under Section 154 ;ntt 156 of Cr.P.C on the Complaint dated 06.11.2023 submitted Oy the Petitloiler in the interest of Justice.

lA NO: 1 OF 2023 ll Petition under 151 CPC praying that in the circumstances stated in the affidavit neO in sdf,Srt of the petition, the High Court may be pleased to direct the Respondent f.f o.Zfoltate appropriate action in compliance of Section 154 and '156 of Cr.P.C on tht tompraint dated 06.11.2023 submitted by the Petitioner forthwith pending ais&3ilot the main Writ Petition in the interest of Justice. counset ro, ft'. p"titHtir: rt,Irs. c. r,,rer-rrx r Counsel for the Respblldent Nos.1 TO 3: AGP FOR HOME rCounsel for the Respb,ildent Nos.4 TO 6: - The courtrn"a" rn. lolf,*ing: ORDER

/ THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY $IRII PETITION No.33936 O ORDER:

This writ petition is filed seeking following relief "....to issue an appropiate Writ Order or Direction more partianlarlg one in the nature of Writ of Mandamus declaing tlrc high handed action of Respondent Nos.2 in not discharging the statutory function obligated under Seclions 154, 156 of Cr P C as illegal arbitrary unjust and contrary to prouisions of Section 154 and 156 Cr P 0 and also contrary to the judgement rendered in Lalitha Kumai Vs State of UP and consequently direct the Respondent No 3 to take appropiate action under Section 154 and 156 of Cr P C on the Complaint dated O6 11 2O23 submitted bg the Petitioner in the interest of Justice 2.

The case of the petitioner is that she lodged a complaint, dated O6.11.2023 before respondent No.2 and even though the said complaint reveals cognizable offences, the respondentspolice have failed to act upon the said iomplaint in accordance with Section 15a (3) of Cr.P.C and also the guidelines issued by the Hon'ble Supreme Court in Lalitd Kurndri o. State oJ Uttar Pradeshl.

3.

learned Assistant Government Pleader for Home submits that acting on the complaint submitted by the petitioner, the respondents-Police have made G.D. entry and conducted ' 12ot+1 2 scc t

investigation and as the said investigation revealecl that there are serious civil disputes between the petitioner and respondent Nos.4 to 6, the said complaint was closed as "civil in nature". 4.

lrarnect counsel appearing for the petitioner submits that the petitioner has not received any intimation regarding the said closure report.

5.

In view of the said submission, this Court deems it appropriate l.o dispose of the writ petition directing the respondents-police to furnish a copy of the closure report to the petitioner to enable her to take appropriate steps in accordance with law.

6.

Accordingly, this writ petilion is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

sD/-8.

THI ASSISTANT R ISTRAR //TRUE COPY// SE,CTION FFICER \

1. The Principal S tary, Secretariat, Hyderabad, State of Telangana, To Department of Hohe.

The Station Hodsd Ofiicer, PS Kukatpally, Kukatpally, Medchal Malkajgiri district, Telangahd State.

The Commissione? of Police, Gachibowli, Cyberabad. One CC to M/s G.MALATHI, Advocate [OPUC] Two CCs to GP,FOR HOME, High Court for the State of Telangana, at Hyderabad. [otJTI rwocD""'1], PSK.

HIGH COURT DATED:29/1 1 $E. S TAr€

ORDER

t c() 0 2 FEB 202{ WP.No.33936 DEsPAl'cil eO * * DISPOSING HE WRIT PETITION WITHOUT COS S.

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