HON’BLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.2747 OF 2025

ORDER

Heard Sri Pattabhi Vemulapati, learned Senior Counsel,

representing Sri. L. Prasad Rao learned counsel for the Petitioners, Sri G. Aniketh Reddy, learned Assistant Government Pleader for Home,

and Sri. Immineni Rama Rao learned Counsel for 4^th Respondent.

2. This writ petition is filed to declare the action of 3^rd

respondent in adding Sections 467, 468 and 471 of IPC in Crime No. 17 of 2024 of Raidurgam Police Station against the petitioners/A.1 to A.3 as illegal and to quash the proceedings with regard to the

additional sections in the aforesaid crime. .

3. This is third round of litigation. As per the report dated

08.01.2024 submitted by 4^th respondent, 3^rd respondent has registered a case in Cr.No.17 of 2024 against the petitioners initially for the offences punishable under Sections 417, 420 and 506 read with 34 of

IPC.

4. The petitioners filed a petition vide Crl.P.No.616 of 2024

under Section 482 of Cr.P.C. to quash the proceedings in Cr.No.17 of

2024 pending on the file of 3^rd respondent Police Station.

5. 4^th respondent had filed a writ petition vide W.P.No.1875 of

2024 to declare the action of 3^rd respondent in not conducting investigation in effective and fair manner in the said Cr.No.17 of 2024 as illegal. She also sought a direction to police to provide protection to her and her minor daughter and also constitute a Special Investigation Team (SIT) or entrust the case to the CB-CID etc.

6. Vide common order dated 24.06.2024, this Court dismissed the said Crl.P.No.616 of 2024 and disposed of W.P.No.1875 of 2024 directing the Investigating Officer in the subject crime to conduct investigation in a fair and transparent manner and to consider certain factual aspects while conducting investigation.

7. On the request made by 4^th respondent, 2^nd respondent – The Commissioner of Police, transferred the investigation of the said crime to the Station House Officer, Central Crime Station, Detective Department, Hyderabad, from respondent No.3 Police Station i.e.

Police Station, Raidurg, Cyberabad Commissionerate.

8. The petitioners filed a writ petition vide W.P.No.27505 of

2024 challenging the said transfer of investigation of the subject crime from 5^th respondent therein/the Station House Officer, Raidurgam Police Station, Hyderabad to 4^th respondent therein/the Station House Officer, Central Crime Station, Hyderabad.

9. Vide order dated 23.12.2024, this Court disposed of W.P.No.27505 of 2024 setting aside the proceeding dated 29.08.2024 of 5^th respondent therein - the SHO, Raidurgam Police Station, proceeding dated 10.09.2024 of 2^nd respondent - the Commissioner of Police, Cyberabad therein and proceedings dated 13.09.2024 of 3^rd respondent therein - the Commissioner of Police, Hyderabad. This Court directed respondent Nos.3 and 4 therein to transfer the file in Cr.No.17 of 2024 (new Cr.No.208 of 2024) to Respondent No.5 for further investigation. This Court also granted liberty to respondent No.5 therein to change the Investigating Officer in the subject crime and directed the Investigating Officer to conduct investigation strictly in accordance with law. This Court further directed 2^nd respondent to supervise the investigation in the said crime. Both the Petitioners and Respondent No.4 herein were directed to cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation as expeditiously as possible.

10. The Investigating Officer in the subject crime pending on the file of 3^rd respondent herein i.e. SHO of Raidurg Police Station filed a memo dated 29.08.2024 before the learned jurisdictional Magistrate adding sections of law i.e. 467, 468 and 471 of IPC to the existing Sections i.e. 417, 420 and 506 of IPC in the said crime. 11. Challenging the said action of Investigating Officer in adding the aforesaid sections in Cr.No.17 of 2024, the petitioners filed the present writ petition contending as follows:-

i. The