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2025 Supreme(Online)(Tel) 35494

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Shaik Irfan uddin – Appellant
Versus
The State of Telangana – Respondent
WP 34413/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.34413 OF 2025 DATE: 02.12.2025 Between:

Shaik Irfan uddin …Petitioner AND The State of Telangana & four others …Respondents

ORDER

This writ petition has been filed seeking the following prayer:-

“…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.5 for not ensuring fair, independent and expeditious investigation in FIR No. 562 of 2025 registered at P.S. Filmnagar, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19, and 21 of the Constitution of India of the statuary power and to pass...”

2. Heard Sri Mohammad Abdul Kalam Siddiqui, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5.

3. Brief facts stated in this writ petition are that the petitioner has lodged a written complaint at Filmnagar Police Station on 10.09.2025 in respect of a hit-and-run accident that occurred at about 00:20 hours near Shaikpet D-Mart Flyover, within the jurisdiction of Filmnagar Police Station, resulted in grievous injuries to his mother and brother aged about 55 years and 34 years respectively. After lodging the complaint, respondent No.5 registered FIR No.562/2025, u/s. 125 (a) of BNS and Section 187 r/w. 134 of Motor Vehicle Act (for short “MV Act”) on 10.9.2025 and instead of conducting a proper, fair and diligent investigation, the Investigating Officer failed to collect CCTV footage and he was instructed to bring CCTV footage on his own, which clearly shows gross negligence and lack of bona fide intention to trace the accused vehicle. However, later respondent Police have not proceeded with the investigation. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader, on instructions of Sub- inspector of Police, Hyderabad submits that the petitioner has given complaint dated 10.09.2025 to respondent No.5 at around 00:20 hours to 00:50 hours, stating that his brother and his mother travelling on bike bearing No. TS08 JY 7428, from Tolichowki towards Bora Banda via Gachibowli, while they were reaching near Shaikpet D- Mart on Shaikpet flyover, one unknown Car came in a rash and negligent manner and hit his brother's vehicle from the backside and they both fell down and sustained injuries, due to which his mother got severe bleeding injuries on her head and also her hand got fractured, as well as his brother got injuries on his hand and body and the Car driver without stopping his Car, he fled away from the spot. Thereafter, some unknown persons called the 108 ambulance and after reaching the hospital, his brother called and informed him about the incident and the petitioner was requested to take necessary action as per law against the car driver. Based on the above complaint, respondent No.5 registered FIR No.562/2025, u/s. 125 (a) of BNS and Section 187 r/w. 134 of MV Act on 10.9.2025. During the investigation, the Sub-Inspector of Police examined the petitioner and his brother and recorded their statements and they corroborated with the FIR facts. The petitioner's brother stated that he vaguely remembered the car number as AP 03 BS 1559 and that the said car headlight was also broken. Acting upon this lead, the I.O. identified the owner of the said vehicle, one Deepak Reddy, examined the car and verified the relevant documents. Upon inspection, it was found that the said car had no scratches, dents or broken headlights. The vehicle was intact, thereby conforming that it was not involved in the alleged incident. The Investigating Officer also addressed a letter dated 18.09.2025 to the SHO, PS IOC, Cyberabad, seeking CCTV footage for the locations from Shaikpet Flyover to Gachibowli for the period between 00:10 hours and 01:00 hours on 10.09.2025. The said authority provided access to examine the available CCT

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