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2025 Supreme(Online)(Tel) 67458

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Malckolm N. Desai – Appellant
Versus
The State of Telangana Rep. by the Principal Secretary – Respondent
WP 36903/2016



THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.36903 OF 2016

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…Issue an appropriate writ or order or direction more particular in the nature of Writ of Certiorari to quash FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad, 2nd Respondent herein, and issue consequential directions, A. To call for the records in FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad 2nd Respondent herein and the connected records thereto, B. And to quash the FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad,, 2nd Respondent herein as being illegal in nature, arbitrary, and in violation of Art. 19(1)(g) and 21 of the Constitution of India , and C. To declare that the business activities of the Petitioner Nos. 1 to 4 does not violate any provisions of the Indian Penal Code as mentioned in the said advertisement issued by the investigating authority and In the alternative, be pleased to permit compounding of the offence in so far as the complainant and cited witnesses are concerned E. Direct the respondent to grant to the Petitioners a reasonable time of two weeks before taking coercive steps as regards allegations made in connection with the business carried on by QNET/Vihaan F. That in alternative to the prayer for quashing and Declaration and without prejudice to the same, direct that all complaints (FIR.Nos.112/2016 dated 12.05.2016 on file of CCS P.S., Hyderabad, FIR.No.258/2015 dated 13.10.2015 on file of CCS P.S., Hyderabad, FIR.No.326/2015 dated 13.06.2015 on file of Krishna Lanka P.S., Vijayawada, FIFt-No.166/2016 dated 27.02.2016 on file of Kukatpally P.S., Cyberabad, FIR.No.73/2016 dated 13.04.2016 13.04.2016 on file of Madannapet P.S., Hyderabad, FIR.No.84/2016 dated 19.07.2016 on file of Nadigudem P.S., Nalgonda District, FIR.No.644/2016 dated 11.08.2016 on file of KPHB Colony P.S., Hyderabad, FIR.No.412/2016 dated 06.10.2016 on the file of MuvvalavaniPalem P.S. Visakhapatnam, FIR.No. 635/2016 dated 02.08.2016 on the file of the Banjara Hills P.S., and FIR No.184/2016 dated 01.04.2016 registered on the file of Madhapur P.S., Hyderabad, registered so far to the best of the knowledge of the Petitioners) be clubbed together and pass....”

2. None appeared on behalf of the petitioners.

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

4.1. Learned Assistant Government Pleader for Home submits that in the present writ petition, an interim order staying all further proceedings was granted by this Court on 27.10.2016. Subsequently, by order dated 14.12.2016, the said interim order was modified, permitting the Investigating Officer to proceed with the investigation but without taking any coercive steps against the petitioner/accused.

4.2. It is further submitted that the petitioner, along with certain others, had approached the Hon’ble Supreme Court of India by filing Writ Petition (Criminal) No.31 of 2017, wherein, by order dated 27.03.2017, the Hon’ble Supreme Court was pleased to stay all further proceedings in connection with 19 FIRs registered against the petitioners, including the crimes referred to in the present writ petition. It is also stated that the petitioners have since been granted bail in all the said matters.

4.3. In view of the pendency of the writ proceedings before the Hon’ble Supreme Court and the comprehensive stay order passed therein, the learned Assistant Government Pleader contends that continuation of the present writ petition would serve no useful purpose, as the subject matter stands subsumed in the proceedings before the Apex Court. Accordingly, he prays that the writ petition be disposed of in light of these developments.

5. I have perused the material placed on record.

6. Having considered the submissions of the learned Assistant Government Plead

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