IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)

WEDNESDAY, THE MNETEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO: 1900I OF 2024

Between:

• ¹ Asma Sultana, Wo. Late Sagir Ahmed Khan, aged about 54 years, Occ Home maker, Rio. H. No. 9--11- 43OlBtNZalA, tfiotni-Oi*"ra,'ColibriOi Hyderabad.
• Noor Ali Khan, S/o. Late Sagir 4lq_gg.I!l.gn, aged about 23 years, Occ Student, R/o. H. No. 9- 11-- 43OtBtN24ti,'Ut6ini Dr*".a,'ColcbnOa, Hyderabad.

...PETITIONERS

AND

• 1 The State of Telanoana. Reo. by.its Principal Secretary, Department of Home, Dr. B. R. Ambedt<ai TetingdnJ State s.ciEGr,"t, fr-vidrauao.
• 2 Lhq Dgpr]V Commissioner of potice, DCp West Zone, Lakdi- Ka_ pul, Hyderabad.
• 3 The Assistant Commissioner of police, Golconda Division, Hyderabad
• 4 The Station House Officer, Golconda police Station, Golconda, Hyderabad. .
• 5 pir9,! ntlmeO.p/o .Late Syed Chan-d fqgfra, Aged about 35 years, Occ Lab .tecnnrcian, R/o. H. No. g- 11- 43OlglN24/A,- Mothi Darwaza, Goncondi, Hyderabad
• Syed lsmail, 9/o..Late. Syed C_na{ ea.ql_ra, Aged about 34 years, Occ L ^T consuttant, Rl/o. H. No. 9- 11- 430lBlN24lA; Mothi Darwdza, Gonconda, Hyderabad. b
• !y9O |Ulgs-p/o. lalg Syed Chand pasha, Aged about 33 years, Occ tT Consultant, R/o. H. No. 9- 11- 430lBlN24lA, -l,Aothi Da.wazl, ConconOa, Hyderabad. 7
• Buqiya Qegum, W/o. Late Afsar Khan, Aged about 60 years. Occ House wife l-(/o. H. No. 9- 11- 43Ol8lN24lA, Mothi Darwaza, Golcohda, Hyderabad. I

...RESPONDENTS

Petition under Atticle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed th€rewith, the High court may be pleased to issue an appropriate writ, order or direction more par{icularly one in

the nature of Writ of MANDAIVUS declaring the inactior of the official respondents to register the complaint dated 09- 07- 2024 of the petitioner against the unofficial respondents till date, that the acts on part of the off icial respondents clearly constitute offences punishable Under BNSS is arbitrary, illegal, capricious and violative of provisions of BNSS as well as the guideliners irssued by the Constitutional Bench of Apex Court and consequently to direct the official respondents to adhere to the guidelines laid down by the Apex Court in registering and rnvestigation and register the case againlrt the unofficial respondents and conduct fair enquiry forthwith.

lA NO: 1 OF 2024

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 act upon the petitioners complaint dated 09- 07- 2024 against unoff cial respondents in accordance with law, pending disposal of the above writ petition in this Honble Court.

Counsel for the Petitioner : M/S AHMED LAW FIRM Counsel forthe Respondents: ASST. GP FOR HOME The Court made the following: ORDER

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.'l ⁹⁰⁰⁹ oF ²⁰²⁴

\

SDEB:(oRAL)

I I

This writ petition is filed aggrieved by the actircn of the respondent police in not registering the crime on the complaint dated 09.07.2024 lodged by petitioner No'1 against respondent Nos'S to 8' as being arbitlary and unconstitutional'

2. As per written instructions of learned Assistant Government Pleader for Home, respondent No'4 made General Diary entry on 16.07.2024 on receipt of the complaint of petitioner No'1' After causing enquiry, necessary action will be taken on the complaint of the petitioners. lt is submitted that the complaint of the petitioners was received on 13.07.2024 and within two days thereafter' the petitioners approached this Court. The police require sufficient-time for conducting enquiry/investigation.

3. ln view of the above, this writ petition is disposed of directing respondent No.4 - Station House Officer' Golconda Police station, Hyderabad, to conduct enquiry/investigation by following the guidelines issued by the Honourable Supreme Court in Lalitha Kumari v. Government of U'Pl' No order as to costs'

' AIR 2ol2 sc l5 t5

As a sequel thereto, miscellaneous applications, if any, pending

in the writ petition stand closed.

SD/-MOHD. ISMAIL ASSISTANT REGISTRAR SECTION

4

//TRUE COPY//

To,

• 1. The Principal Secretary, Department of Home, Dr. B. R. Ambedkar Telangana

• State Secretariat, State of Telangana, Hyderabad. 2. The Deputy Commissioner of Police, DCP West Zone, Lakdi- Ka- Pul, Hyderabad.

• 3. The Assistant Commissioner of Police, Golconda Division, Hyderabad

• The Assistant Commissioner of Police, Golconda Division, Hyderabad The Station House Officer, Golconda Police Station, Golconda, Hyderabad. One CC to M/S.AHMED LAW FIRM, Advocate. [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] Two CD Copies.

• • BSK BS

G

HIGH COURT

DATED:19/07/2024

• 1

ORDER

WP.No.19009 of 2024

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

10 copies