HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO: 28011 OF 2022

Between:

AND

Amer Bin Mohammed, S/o. Mohammed Bin Ali, aged about. 54 years, Occ. Business, R/o. H.No. 8-169, Kohir Village and Mandal, Sanga Reddy District.

...PETITIONER

$\overrightarrow{L}_{\mathfrak{B}}$

• 1. The State of Telangana, Rep. by its Principal Secretary, to Home Department Secretariarat, BRKR, Bhavan, Tank Bund, Hyderabad.
• 2. The Suprindentent of Police, Sanga Reddy, Sangareddy District.
• 3. The Deputy Supridentent of Police, Zahirabad, Sangareddy District.
• 4. The Station House Officer, Kohir Police Station, Kohir Sanga Reddy District.
• 5. Shaik Zahed Ali, S/o. Shaik Omer Ali, aged about 48 year, Occ. Financer and Poilice informer, Kohir Village and Mandal, Sangareddy District - 502210.
• 6. Shaik Inayath Ali, S/o. Shaik Omer Ali, aged about . 52 years, Occ. Business, R/o. H.No. 8-165/2, Gadi Kohir, Kohir Mandal, Sangareddy District - 502210.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 in not registering FIR against respondents 5 and 6 and their henchmen and not causing arrest of the respondents 5 and 6 and their henchmen for the illegal tress pass and threatings made by the respondents 5 and 6 into the house of the petitioner i.e. House No. 8-169, Kohir Village and Mandal, Sanga Reddy District inspite of receipt of the petitioner written complaint dated. 25-06-2022 by the 4th respondent as illegal,

arbitrary, unjust and also against the provisions of cr.p.c. r.p.c. and also against Article 14, 19,21 and 300 A of Constitution of lndia.

lA NO: 1 OF 2022'.

Petition under section i 5'1 cpc praying that in the circumstances stated In the affidavit filed in support of the petition, the High court may be preased to the direct the respondents 2 to 4 to register FrR staging respondents 5 and 6 and their henchmen and cause arrest of them basing on the petitioner written complaint dated.25-06-2022 forthwith pending disposal of the above writ petition.

Counsel for the Petitioner : SRL KHAJA MOINUDDIN

Counsel for the Respondents 1 to 4: ASSISTANT Gp FOR HOME

The Court made the following: ORDER

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P .No.28011 of 2022

ORDER

This writ petition is filed guestioning the action of respondent Nos.2 to 4 in not registering the FrR against respondent Nos.5 and ⁶ and their henchmen and not causing their arrest for their illegal trespass into the house of petitioner bearing No.B-.169, Kohir Village and Mandal, Sanga Reddy District, and the threatening made by them in spite of receipt of the complaint dated 25_06_2022 by respondent No.4, as illegal and arbitrary.

2. Heard learned counsel for the petitioner Mr. Khaja Moinuddin and learned Assistant Government pleader for Home for respondent Nos.'l to 4.

3. Learned counsel for the petitioner submits that the petitioner has given a report to the police on 2s-06-2o22 against the unofficiar respondent Nos.5 and 6, but the respondent_police have failed to take any action and also failed to arrest the accused. He submits that when the complaint is given, the respondent_police are bound to register the same, but as they have faired to do the same, the petitioner has come up before this Court.

4. Learned Assistant Government Pleader for Home, on instructions, submits that the complaint given by the petitioner attracts the offences of non-cognizable in nature and hence, they made ^a requisition to the Magistrate concerned and they are waiting for the permission from the Magistrate and once permission is received, they will take appropriate action in accordance with law.

5. Recording the submission of-the learned Assistant Government Pleader for Home, the Writ Petition is disposed of. No order as to CoStS.

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

//TRUE COPY//

SD/.B.SATYAVATHI DEPUTY REGISTRAR ( r', SECTION OFFICER To,

• "l . The Principal _Secretary, to_ Home Department, State of Telangana Secretariarat, BRKR, Bhavan, Tank Bund, HVOeraUaO.
• 2. The Suprindentent of Police, Sanga Reddy, Sangareddy District.
• 3. The Deputy Supridentent of police, Zahirabad, Sangareddy District.
• 4. The Station House officer, Kohir porice station, Kohir Sanga Reddy District.
• 5. One CC to SRl. KHAJA MO|NUDD|N Advocate tOpUCl
• 6. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT]
• 7. Two CD Copies
• 8. One Spare Copy

;.+

HIGH COURT DATED: 06/07/2022

ORDER

WP.No.28011 of 2022

DISPOSING OF THE WRIT PETITION WITHOUT COSTS