Smt.Farida Banu vs The State of Telangana - 2024 Supreme(Online)(Telangana) 46534

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2024 Supreme(Online)(Telangana) 46534

[ ^32s61
HIGH COURT FOR THE STATE OF ^TELANGANA
AT HYDERABAD
(Special Original Jurlsdiction)
THURSDAY, THE TWENTY NINTH DAY OF ^FEBRUARY
TWO THOUSAND AND TWENTY.FOUR
PRESENT
THE HON'BLE SRIJUSTICE C. V. BHASKAR ^REDDY
wRrT PETITION NO:5471 OF 2024
Between:
Smt.Farida Banu, Wo. Late Syed Habeeb ^Age.⁶¹^Years,^O
R/o.Flat No.1 02, Anas Residency Upperpally, ^{Rajendranagar.}
cc. Home Maker
...PETITIONER
AND
1. The State of Telangana, Rep by its ^{Principal Secretary,}^Home^Department,
Secretariat, Telangana, Hyderabad.
2. The Deputy Comriissione'r of Police, ^{Rajen-dra-nag-ar}^Divis'ron,^Cyberabad.
3. The Stdtion House Officer, Rajendranagar ^Police^{Station, Rajendranagar'}
Telangana.
4. Saba-Nooreen, Wo. Late Syed Saleemuddin, ^Age^about.^{35 yrs, Occ.}
Homemaker R/o. 4-3-95, Moqalpura, ^Pedapalli.
S. Mirza lrrtaqsood Baig, S/o. ^No-t^Known^Age.^Major,^{Occ. Business}^R/^o.^4-3-95'
Mogalpura, PedaPalli.
6. Sydd Sajjad, S/o. Not Known ^Age.^Major,^Occ.^{Business R/o.}^4-3-95'
l/logalpura, Pedapalli.
...REspoNDENTs
Petition under Article 226 of ^thP-^constitution^of^{lndia praying}^thatⁱⁿ^the
circumstances stated in the ^affidavit^filed^therewith,^the^{High Court}^may^be
pteased to issue a writ or order or direction, ^moreⁱⁿ^the^nature^{of a}^writ^of
Mandamus, declaring the action ^of^the^Respondent^No.3^{in not}^registering^the
crime against Respondents ^No.4to ⁶^pursuant^to^the^petitioner's^complaint
dated.20.01 .2024 as illegal, ^arbitrary,^'and^unjust^and^consequently^direct
respondent No.3 to register criminal ^case^against^respondents⁴^{to 6 and take}^up
the investigation there of ^{pending disposal}^{of the}^main^writ^petitbnⁱⁿ^the^interests
of ^justice
lA NO: 1 OF 2024
Petition under Section ¹⁵¹^CPC^praying^thatⁱⁿ^{the circumstances stated}ⁱⁿ
the afiidavit filed in support ^of^{the petition,}^the^High^{Court may}^be^pleased^to^direct
the Respondent No.3 to register ^the^{crime pursuant to}^{the complaint made}^{by the}
petitioner against respondents 4 to 6 and take up the investigation thereof pending
disposal of the main ^{writ petition}in the interest of ^justiceand equity
Counsel for the Petitioner: SRI S. M. SAIFULLAH
Counsel for Respondent Nos. I & 2: GP FOR HOME
Counsel for Respondent Nos. 4 to 6: --
The Court made the following: ORDER
W
I
THE HONOURABLE SRI JUSTICE C.V. ^BHASKAR^REDDY
WRIT PETITION No.547L OF 2o24

ORDER

This writ petition is frled seeking following relief:

" . . . ...to issue a uit or order or direction more in tLe nature of a Wit of Mand.amus decloing tle action of respondent No.3 in not registering tLe cime against respondent Nos.4 to 6 pursuant to the petitioners complaint dated 2O.01.2O24 as illegal, arbitrary and unjust and consequently direct respondent Nos.3 to register ciminal case against respondent Nos.4 to 6 and take up tle inuestigation there of pending disposol of tLe main urit petition in tle interests of justie . . . .. ."

2. The case of the petitioner is that she lodged a complaint, dated 20.OL.2024 before respondent No.3 against respondent Nos.4 to 6 and even though the said complaint reveals commission of cognizable offences, respondent No.3 has failed to act upon the said complaint in accordance with Section 154 (3) of Cr.P.C and also the guidetines issued by the Hon'ble Supreme Court in Lalttd Kumari v. State of Uttar Pradesht.

3. The learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 3 submits that the petitioner has not submitted any written complaint before I I ' lzoray z scc r \ respondent No.3 as on date and if any complaint 1 S received from the petitioner, respondent No.3 would take appropriate action on the same.

4. In view of the said submissions, this Court deems it appropriate to dispose of this writ petition directing the petitioner to make a fresh complaint before respondent No.3 and if such al application is filed, respondent No.3 is directed to consider the same and take appropriate action, strictly in accordance witl. law.

5. With the above observations, this writ petition IS disposed of. No order as to costs.

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

/ffRUE COPY// SD/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR (. / sEciloN dtHCen / To, 1 The Station House Officer, Ralendranagar Police Station, Rajendranagar' Telanoana.

one iC to Sri S M Saifullah Advocate [oPUc]

i*o CCs t.Cp For Home, High Courtior the State of Telangana' [OUT]

Two CD CoPies

4. MBC $ SB HIGH COURT DATED: 2910212024 ORDER WP.No.5471 ot 2024 DISPOSING OF THE WRIT PETITION @I'?u WITHOUT COSTS 7 Y

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