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

TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 33346 OF 2023

Between:

Mr.Gaddam Malla Reddy, S/o.Gopala Krishna Reddy, Age.65 years, R/o.Katepalli Village, Mothakondur Mandal. Yadadri Occ.Agriculture. Bhuvanagiri District.

...PETITIONER

AND

• 1. The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat Building, Secretariat, Hyderabad.
• 2. The Director General of Police, Telangana State, Hyderabad.
• 3. The Commissioner of Police, Rachakonda Commissionerate, Hyderabad.
• Commissioner of Police, Bhongir Division, Rachakonda 4. The Deputy Commissionerate, Bhongiri-Yadadri District.
• 5. The Assistant Commissioner of Police, Rachakonda Commissionerate. Yadadri Circle, Bhongiri-Yadadri District.
• 6. The Station House Officer, Motakonduru Police Station, Rachakonda Commisionerate, Mothkur Mandal, Yadadri-Bhongiri District.
• 7. Shaik Mohammed Jahangir, S/o Mohamed Abdulla, Aged about 45 years, Occ. Prive Employee, R/o H.No.2-80, Pedda Amberpet, Abdullapurmet Mandal, Ranga Reddy District-501505.
• 8. Bobbala Ramana Reddy, S/o Lakshma Reddy, Aged about 50 years, Occ. Agriculture, R/o.Mothakondur Village and Mandal, Yadadri-Bhongiri Reddy.
• 9. Kandadi Siva Prasad Reddy, S/o Rama Krishna Reddy, Aged about 52 years, Occ. Agriculture. R/o Anapatla Village, Bibi Nagar Mandal, Yadadri-Bhongiri District.
• 10. Kanda Rohit Reddy, S/o Venkat Reddy, Aged about 38 years, Occ. Agriculture, R/o H.No.1-18, Rampalli Dayara Village, Ghatkesar Mandal, Ranga Reddy District.
• 11. Sk. Řahimoddin, S/o.Shaik Mazar, Aged about 45 years, Occ. Agriculture, R/o Velishala Village, Tirumalagiri Mandal, Suryapet District.
• 12. Ponnaboina Prashanth, S/o Sanjeeva, Aged about 40 years, Occ. Business, R/o Nallgunta Village, H/o.Neregudem, Tirumalagiri Mandal, Suryapet District.
• 13. Padamati Mahendar Reddy, S/o Narasimha Reddy, Aged about 42 years, Occ. Business, R/o Plot No.97, Nagarakuma Colony, Kushaiguda, Kapra, ECIL, Hyderabad.
• 14. Kandadi Venkat Reddy, S/o not known, Aged about 44 years, Occ. Agriculture, R/o H.No.1-18, Rampalli Dayara Village, Ghatkesar Mandal, Ranga Reddy District.

...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.6 in non-initiating to conduct the investigation in Cr.No.5/2023 for the offences U/s.420, 447, 323, 504, 506, r/w 34 IPC on the file of P.S. Motakondur and noninitiating to arrest the accused persons who are respondent Nos.7 to 14 and nontaking action against them, is illegal, arbitrary and violative of Articles, 14, 15, 21 and 300 of Constitution of India and also violative of natural justice and consequently to direct the respondent No.6 to conduct detailed enquiry and investigation in Cr.No.5/2023 for the offences U/s.420, 447, 323, 504, 506, r/w 34 IPC on the file of P.S. Motakondur and to take necessary action against the respondent Nos.7 to 14 and arrest them in the above crime on the file of P.S. Motakondur and do the needful justice to the Petitioner

IA NO: 1 OF 2023

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 direct the respondent No.6 to conduct detailed enquiry and investigation in Cr.No.5/2023 for the offences U/s.420, 447, 323, 504, 506, r/w 34 IPC on the file of P.S. Motakondur and to take necessary action against the respondent Nos.7 to 14 and arrest them in the above crime on the file of P.S. Motakondur and do the needful justice to the Petitioner, pending disposal of the writ petition

Counsel for the Petitioner: SRI. RAPOLU BHASKAR

Counsel for the Respondent Nos. 1to5: AGP FOR HOME Counsel for the Respondent Nos. 6to14: None Appeared The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE C.V. BHASI{AR REDDY

WRIT PETITION No.33346 of2o.23 ORDER:

7

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet

".-. to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus decladng the action of respondent No.6 in non-initiating to conduct investigation in Cr.No.5/2O23 for the offences under sections 42O, 447, 323, 5O4 and 5O6 read with 34 IpC on the frle of p.S Motakondur and non-initiating to arrest the accused persons, who are respondent Nos.7 to 14 and non_taking action against them as arbitrary, illegal and violative of Articles 14, 15, 2l arrd 300 -A of the Constitution of India and also violative of natura_l justice and consequently to direct respondent No.6 to conduct detailed enquiry and investigation in Cr.No.5/2023 for the oflences U/s.420, 447,323, SO4 and 5O6 read with 34 IpC on the Ufile of P.S Motakondur and to take necessary action against respondent Nos.7 to 14 and arrest them in the above crime on the fil€ of P.S. Motakondur a:rd do the needful justice to the petitioner..."

2. Heard learned counsel for the petitioner, learned Assistalt Government pleader for Home, appearing for respondent Nos. 1 to 6 and perused the record.

i i I i

I I

3. The grievalce of the petitioner is that pursuant to his complaint, dated 30.01 .2023, thowgh respondent

No.6 registered a case in Crime No.5 of 2023 for the offences punishable under Sections 420, 447, 323, 504 and 506 read with 34 IPC against respondent Nos.7 to 14, respondent No.6 is not conducting fair and proper investigation and not filing appropriate charge sheet/final report before the Court concerned.

4 Learned Assistant Government Pleader $\overline{f}$ or Home, on instructions, would submit that after completion of investigation in the aforesaid crime, respondent No.6 filed charge sheet on 12.12.2023 against respondent Nos.7 to 15 on the file of Judicial Magistrate of First Class, Alair.

5. In view of the said submissions, as grievance of the petitioner stands redressed, the Writ Petition is disposed of as no further orders need be passed in this Writ Petition. There shall be no order as to costs.

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

SD/- N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad.
• 2. The Director General of Police, Telangana State, Hyderabad.
• 3. The Commissioner of Police, Rachakonda Commissionerate, Hyderabad.

$\overline{2}$

• 4. The Deputy Commissioner of Police, Bhongir Division, Rachakonda Commissionerate, Bhongiri-Yadadri District.
• 5. The Assistant Commissioner of Police, Rachakonda Commissionerate, Yadadri Circle, Bhongiri-Yadadri District.
• 6. The Station House Officer, Motakonduru Police Station, Rachakonda Commisionerate, Mothkur Mandal, Yadadri-Bhongiri District.
• 7. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRI. RAPOLU BHASKAR, Advocate [OPUC] Two CD Copies
• • $BM$
  • GJP

HIGH COURT

DATED:02/01/2024

ORDER

WP.No.33346 of 2023

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

12 Coples<br>Ger