IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 9922 OF 2019 DATED: 15.12.2025 Between:

Syed Jaheer Abbas. … Petitioner AND The State of Telangana, Rep., by its Principal Secretary, Home Department and 3 Others. … Respondents

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in registering FIR No.260 of 2017 under Sections 420 and 506 r/w34 of IPC against the petitioner herein as illegal, arbitrary and consequently set aside the same in so far as petitioner is concerned, and to and pass…”

2. None appeared for the petitioner.

3. Heard Mr. D.Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 and 2.

4. The learned Assistant Government Pleader for Home submits that Crime No. 260 of 2017 was duly investigated, and a charge sheet has been filed before the Judicial Magistrate of First Class, Special Mobile Court, Khammam. Consequently, the matter is now pending trial before the said Court. It is further contended that since the relief sought by the petitioner is for quashment of the said crime, and in view of the fact that a charge sheet has already been laid, nothing further remains to be adjudicated in this writ petition. Hence, the cause of action has become infructuous.

5. I have perused the record and the material placed before this Court.

6. The petitioner’s principal grievance is that respondent No. 2 registered FIR No. 260 of 2017 without any lawful justification. As correctly pointed out by the learned Assistant Government Pleader for Home, the relief sought by the petitioner pertains to the quashing of crime proceedings. However, during the pendency of this writ petition, a charge sheet was filed, and the case has been taken cognizance of by the competent Magistrate, resulting in the institution of a Calendar Case that is now pending trial.

7. The Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, laid down the guiding principles for exercising inherent powers to quash criminal proceedings either under Article 226 of the Constitution or under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”). The Apex Court has consistently held that once a charge sheet is filed and cognizance has been taken by the competent Court, the writ jurisdiction under Article 226 should ordinarily not be invoked, as the petitioner has an efficacious alternative remedy under Section 482 Cr.P.C. (See also Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, (2021) 19 SCC 401; State of Telangana v. Habib Abdullah Jeelani, (2017) 2 SCC 779).

8. In light of the above settled position, and considering that the charge sheet in Crime No. 260 of 2017 has already been filed and taken on record by the trial Court, this Court is of the view that the relief sought in the present writ petition has become infructuous. Nevertheless, liberty is reserved to the petitioner to avail the appropriate remedy available in law, including filing a petition under Section 482 Cr.P.C. (or the corresponding Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), before the competent jurisdictional Court, for redressal of his grievance.

9. Accordingly, this Writ Petition stands disposed of, reserving the aforesaid liberty to the petitioner. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 15.12.2025

dpm

4837 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.9922 OF 2019 Dated: 15.12.2025

dpm