Vemula Dinesh Kumar v. The State Of Telangana

[ 32s1 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDEdABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER WRIT PETITION NO: 44133 OF 2022 Between:

1. Vemula Dinesh Kumar, S/o Vemula Kri Occ: Pvt. Job a, Hindu, aged about 27 years,

2. Vemula Krishna, S/o Bikshapathy, Hindu, aged about 49 years, Occ: Private Employee

3. Vemula Aruna, Wo Vemula Krashna, Hindu, aged about 49 years, Occ: House Wife

4. Vemula Rishikesh @ Rushikesh, S/o Vemula Krishna, Hindu, aged about 23 years, Occ. Student.

I All are R/o 1-10-11267nA8, Sai Nagar colony, Kushaiguda-500062 ...PETITIONERS AND The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad The SHO, P S Thonda Tirumalagiri, Suryapet District The SHO, Women Police Station, Saroornagar Yennam Pravalika, Wo V.Dinesh Kumar Aged about 25 years, R/o H.No. 11-9-711302, Mini Paradise Home Lakshmi Nagar Colony, Kothapeta, Dilsukhnagar, Rangareddy 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 writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of 2nd respondent in accepiing the case and registering the complaint as well as filing of charge sheet vide CC.no.30412022, before the Judicial First Class Magistrate, Thungaturthy as illegal and arbitrary and consequently quash the proceedings in CC.No.304/ 2022 pending before the Judicial First Class Magistrate, Thungaturthy.

lA NO: 1 oF 2022 Petition under Section 151 CPC praying that in the c,rcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in CC.No.304/2022 pending before the Judicial First Class Magistrate, Thungaturthy pending disposal of above writ petition. Counsel for the Petitioners: SRI P.RAVI KIRAN Counsel forthe Respondent Nos.1 to 3: GP FOR HOME Counsel forthe Respondent No.4: NONE APPEARED The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER WRIT PETITION No.44133 oF 2022 ORDER:

This Writ Petition is filed challenging the action 01' the respondent No.2 tn accepting the case and registering the complaint and filing the charge sheet vide CC.No.304 of 202.2 on the file of ludicial First class Magistrate at Thungathurthy. The offences registered against the petitioners are under Sections 498 IPC, 312 IPC and Section 3 & 4 of D.P.Act, 1961. 2.

Heard both sides.

3.

The petitioners are questioning the charge sheet filed by the Thirumalagiri Police, Suryapet District which was numbered as CC No. 304 of 2022 pending on the file of Judicial First Class Magistrate at Thungathurthy. The main contention of the petitioners is that respondent No,4 earlier filed a complaint before the respondent No.3, who is the SHO of the Police Station, Saroor Nagar, R.R District. When the said case was pending investigation, the present complaint was also filed. The same was questioned before this Court by filing the writ petition in which

this Court ordered the police to follow the procedure prescribed under Section 41-A Cr.p.C. In the complaint filed before W.p.S. Saroor Nagar police and the Thirumalagiri police Station, the address is different. In the entire charge sheet, statement made nowhere, the defacto complainant respondent No.4 states that she was residing within the jurisdiction of Thirumalagiri police Station. Accordingly, the investigation and filing of charge sheet is bad in law.

4.., As seen from the allegations in the complaint there are specific allegations against these petitioners regarding taking of dowry of Rs.20 lacs, gold, jewelry and subsequently several acts of violence which was committed by husband and others. However, without going into the facts of the case, learned counsel states that the police Thirumalagiri had no jurisdiction.

5. I did not find any reason to quash the proceedings on the ground of jurisdiction after cognizance is taken by the competent Court, jurisdictional issue can be determined by the concerned trial Court.

Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous applications pending, if any, shall stand closed.

SD/.K.SREE MURTY ASSIST //TRUE COPY// SE N CER To,

1. One CC to SRI P.RAVI KIRAN, Advocate [OPUC]

2. Two CCs to GP FOR HOME, High Court forthe State of Telangana at Hyderabad[OUT]

3. Two CD Copies \ BSR BS k\-\o

HIGH COURT DATED: 'l2l'1212022

ORDER

WP.No.44133 of 2022 ( .rHE sIA 16 2 B ,!Alt 2071 o \ DISMISSING THE WRIT PETITION WITHOUT COSTS \1