IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.Vijaysen Reddy
G. Sai Krishnaa and Krishnaiah Gaddam – Appellant
Versus
Vishnu S. Warrior – Respondent
| Table of Content |
|---|
| 1. complaint of negligence by police over inaction on theft. (Para 1 , 2) |
| 2. trial court's dismissal of plaint for lack of cause of action is unsustainable. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. high court's directive to allow the suit proceedings. (Para 11 , 12) |
ORDER :
B. Vijaysen Reddy, J.
The petitioner - plaintiff filed a suit in S.R. No.9 of 2025 on 06.01.2025 before the learned VI Additional District Judge, Sathupally, seeking to direct the respondents - defendants to pay compensation of Rs.1,00,00,000/- (Rupees one crore only) with an interest of 24% per annum to the petitioner from the date of suit till the date of realization.
2. Inter alia, in the suit, it was pleaded by the petitioner that he has succeeded to the suit schedule property - Mango Garden (for short ‘property’) from his parents. The property was protected by the standard iron gates. There were two (2) iron gates fixed by the petitioner. The accused persons by name Mr. Gaddam Narsimha S/o. Gaddam Veladri @ Yadadri and others entered in to the property of the petitioner by removing iron gates and stolen them on the instigation of some unknown persons.
2.1 The petitioner has made a complaint to the SHO, Sat
Om Prakash Srivastava v. Union of India
Bloom Dekor Lid. v. Subhash Himatlal Desai
Sadanandan Bhadran v. Madhavan Sunil Kumar
South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises (P) Ltd.
Government officials can be held personally liable for negligence in civil duties, and a plaint cannot be dismissed based on the availability of an alternative remedy without proper legal grounds.
The central legal point established in the judgment is the requirement of sanction under Section 197 of Cr.P.C. for prosecution of public servants and the consideration of sanction at any stage of pr....
Prior sanction under BNSS Section 218 mandatory for prosecuting police when alleged excesses during raid to arrest criminals reasonably connected to official duty; cognizance without sanction quashed....
For a complaint under S.195 CrPC, the required public servant must file a written complaint, even if it originates from a police officer investigating a non-cognizable offence.
Acts of a public servant must have a reasonable connection to official duties to qualify for protection under Section 197 of the Cr.P.C.
Police actions in raiding history-sheeter's house for arrest, including restraint of son, have reasonable nexus to official duties, attracting Section 197 CrPC protection requiring prior sanction for....
Police actions in raiding history-sheeter's house for arrest in cognizable case have reasonable nexus to official duties, requiring prior sanction under Section 197 CrPC for prosecution of protected ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.