THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28998 of 2025

ORDER

This writ petition is filed seeking the following prayer:

“...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus considering the act of the respondent No.3 in not conducting investigation in F.I.R No.237 of 2024, dated 09/06/2024 by taking the offence pictured in the handmade instrument and also from CC Footage from the scene of offence as arbitrary, uncalled and against the investigation, consequentially issue a command or order more particularly one in the Nature of Mandamus direct the respondent No.3 to cause the investigation in F.I.R No. 237 of 2024 with the help of electronic evidence...”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. The petitioner submits that she has placed information with respondent No.3 for allegation of nuisance, battery, intimidation, threatening against the accused persons on 09.06.2024. Pursuant to which, a crime is set into motion vide Crime No.237 of 2024. It is further submitted that, at the time of offence, the petitioner videographed the incident and the same is recorded in CCTV footage and though the petitioner did not narrate the same in the information, thereafter many times requested respondent No.3 to collect video recorded in the handmade instrument and also CCTV footage from the scene of offence and cause investigation. However, the respondent No.3 neither collected such information nor caused any investigation. Since the petitioner left with no other option, has filed the present writ petition.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 placed a copy of instructions issued by Sub-Inspector of Police, Nallakunta Police Station, Hyderabad, wherein it is stated that the petitioner lodged a complaint on 09.06.2024 stating that one Zubair & Sohail abused her son Avinash, and tried to beat and snatch his phone. On the other side, one Salma, Iqbal, Sohail and Sofiya and their relatives started abusing, yelling at petitioner's / complainant's family. While complainant's daughter was trying to record the incident, the said Salma snatched her phone and beat her and one Amer kicked complainant's daughter on her right side abdomen. Thereafter, the complainant went away from that spot. It is further submitted that the said Salma threatened the complainant's family that she would burn them all alive and also their clothes. It is further submitted that the said Salma and Iqbal are daily inviting many people into the building and playing loud music, causing disturbance to the complainant's family. Earlier also, such incidents happened. As such, requested to take necessary action. It is further submitted that as per the contents of above complainant, the respondent No.3 - Inspector of Police registered a case in Crime No.237 of 2024 under Sections 509, 323, 504, 240, 506 read with Section 34 of IPC on 09.08.2024 and the matter was entrusted for investigation to the Sub-Inspector of Police. During the course of investigation, the Investigating Officer examined the complainant and recorded her detailed statement and later visited the scene of offence, conducted panchanama, drafted rough sketch in crime detail form in the presence of panchas. During the examination, the Investigating Officer found that CCTV cameras were installed. On which, the Investigating Officer reviewed the CCTV footage near the scene of offence, wherein it was visible that Baby Sinha i.e. the complainant along with her daughter Swetha Sinha came near the residence of suspects and quarreled with them. In the meantime, both the families of the said Iqbal and the complainant started to record in their mobile phones. During such time, while the daughter of the complainant trying to capture quarrel, Iqbal's wife Salma Begum tried to block from recording, to which, the daughter