Dinesh Babu Verapalli v. The State Of Telangana

[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY WRIT PETITION NO: 34999 OF 2023 Between:

Dinesh Babu Verapalli, S/o.Venkata Subbaiah Naidu, Aged about 34 years, Occ; Business, Fl/o.Flat No.301, Block No.A, Road No.l4 Haltmark Spring Fi6lds, Alkapur Township Manikonda, Hyderabad.

..,..PETITIONER AND

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

2. The Commissioner, Cyberabad Commissionerate Cyberabad, R.R. District.

3. The Station House Officer, Madapur Police Station Cyberabad Commissionerate Ranga Reddy District.

4. Smt.Vasanth Lakshmi Devineni, W/o.D.Uday Kiran, aged about 45 years, Occ ;Managing Director of IKF Finance R/o.H.No.B-30, Road No.8, Filmhagar Jubilee Hills, Hyderabad.

5. Devineni Jayadev Raja, Sio.D.Uday Kumar, Aged about 22 years, Occ ; Business, Rl/o.H.No.B-30, Road No.8, Filmnagar Jubilee Hills, Hyderabad.

6. IKF Finance Ltd., Rep. by its Managing Director Smt.Vasanth Lakshmi Devineni Corporate Office at Rayadurg, Sedingampalli Mandal, Ranga Reddy District.

.....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 of Writ of Mandamus, declaring the action of the Respondent Nos.2 and 3 in failing to initiate further action for conducting the investigation and filing the charge sheet in FIR No.992 of 2023 dated 06-.09-2023 on the file of 3'd respondent registered against the Respondent Nos.4 to 6 for the offence

u/sec.406, 42O, 471, 120(B), 506 rlw 34 lpc as illegal, arbitrary and contrary to the provisions of cr.P.c. and consequenfly direct the Respondent Nos.2 and 3 to forthwith investigate the offence and file the charge sheet by initiating appropriate action as against the Respondent Nos.4 to 6 as per provisions of Cr.P.C.

I.A.NO:1 OF 2023 Petition under section l s1 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 Nos.2 and 3 to forthwith investigate the offence and file the charge sheet by initiating appropriate action as against the Respondent Nos.4 to 6 as per provisions of cr.p.c. pursuant to the registration of compraint in FIR No.992 ot 2023 dated 06-09-2023, pending disposar of the above writ petition.

Counsel for the Petitioner : SRI M.JANARDHAN RAO Counsel for the Respondent Nos.1 to 3 : AGp FOR HOME Counsel for the Respondent Nos.4 to 6 : --- The Court made the following ORDER I I i

THE HONOURABLE SRI JUSTICE C.V. BHASKAR R.EDDY V/RIT PETITION No.34999 of2023 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief:

'...to issue an aPproPriate writ, order or direction, more particularly one in the .,"tri. oi Writ of Mandamus declaring the action of respondent Nos.2 and 3 in failing to initiate further action for conducting the investigation and hting the charge in FIR No 992 of 2023, dated 06.09 -2023 on the frle of 3'r respondent registered against respondent Nos.4 to 6 for the offence under Sections 406, 44O,471,120-8 and 506 read with 34 IPC, as illegal, arbitrary and contrary to the provisions of Cr-P.C and consequently direct responient Nos.2 and 3 to forthwith investrgate the offence and tile chirge sheet by initiating apProPriate action agarnst respondent Nos.4 to 6 as per the Provisions of Cr.P'C..-" 2.

Heard learned counsel for the petitioner, learned Assistant Government for Home appearing lor respondent Nos l to 3 and perused the record.

3.

The petitioner is complainan[ in Crime No 992 ol 2023, dated 06.09.2023, on the hle of Madhapur Police Station, Cyberabad District, registered for the offences punishable under Sections 406,42O,471 l2O-B and 5O6 read with 34 IPC' 4.

The grievance of the petitioner is that though crime was registered on O6.09.2023 against respondent Nos'4 to 6, respondent No.3 is not conducting fair and proper investigation and not filing appropriate charge sheet against the said persons' t !

5.

Learned Assistant Government Pleader for Home' on instructions, would submit that acting on the complainc of the

petitioner, a case in Crime No.992 of 2023 was registered on 06.09.2023 and during the course of investigation it revealed that there are civil disputes between the petitioner and respondent Nos.4 to 6 ald as such the said complaint was closed as tivil in nature'. l,earned counsel further submits that a copy of said closure report is also sent to the petitioner by Registered post,. 6.

At this stage, learned counsel for the petitioner would submit that copy of closure report is not furnished to the petitioner to enable the petitioner to avail the remedies as available under law.

7.

In view of the said submissions, this Court deems it appropriate to dispose of the Writ petition directing respondent No.3 to furnish copy of crosure report to the petitioner within a period of tu,o u,eeks from the date of receipt of a copy of this order and in the event of furnishing the same, the petitioner is at liberty to avail the remedies as available under law. 8.

With the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if a_ny, pending in this writ petition shall stand closed.

SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //rRUE COPY// ,l^-- \ sEcfloN prrrcen To

1. The Principal Secretary, Home Department Secretariat, State of Telangana at Hyderabad2. The Commissioner, Cyberabad Commissionerate Cyberabad, R.R. District.

3. The Station House Officer, Madapur Police Station Cyberabad Commissionerate Ranga Reddy District.

4. Two CCs to GP For Home, High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to Sri M

6. Two CD Copies .Ja ardhan Rao , Advocate [OPUC]

HIGH COURT DATED:2911212023 1t\E STAT€ k o

ORDER

:, c 'j 1 4 ttB 202[ WP.No.34999 of 2023 a.

, ,:), \:

DISPOSING OF THE W.P WITHOUT COSTS.