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2025 Supreme(Online)(Tel) 69927

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Zubair Ali – Appellant
Versus
The State of Telangana – Respondent
WP 28155/2025



THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.28155 of 2025 This writ petition is filed seeking the following prayer:

“…declaring continued inaction of the Respondent Police in arresting the accused in Cr.No.1167 of 2025 dated 16.06.2025 registered under section 109 of BNSS, 2023 after lapse of more than three months is arbitrary, unjust and unconstitutional consequently direct the Respondent No.3 to immediately arrest all the accused to preserve the evidence and eye witnesses and further direct the investigation officer to conduct the investigation in prompt and impartial manner and file the report before the concerned magistrate as expeditiously as possible…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal.

3. The facts of the case in brief are that petitioner claims to be absolute owner and possessor of Plot No.295 admeasuring 60 sq.yds., in Sy.No.86 of Fandhamguda Village, Brindavan Colony, Gandipet Mandal, Ranga Reddy District. It is submitted that when the petitioner was carrying out construction works in the said plot, the local Corporators started disturbing the petitioner by attempting to trespass without any valid title or document. Accordingly, petitioner filed a complaint dated 08.03.2025 before respondent No.3 against Corporator. It is further submitted that respondent Police failed to register FIR and also failed to conduct fair investigation. It is the case of the petitioner that the said accused persons once again tried to dispossess the petitioner’s watchman from the construction site and also stolen construction material from the site and the petitioner herein filed another complaint dated 15.06.2025 before respondent No.3. On 16.06.2025 again the accused persons attacked the petitioner along with 7-8 anti-social elements and tried to dispossess the petitioner. Petitioner immediately approached Police Station and lodged complaint and accordingly an FIR was registered for attempt to murder against the accused under Section 109 BNSS, however, no other sections were implicated against the accused persons. The main grievance of the petitioner is that even after registering FIR, no action has been initiated against the accused persons. Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Narsingi Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that basing on the complaint of the petitioner, respondent Police registered a case in Cr.No.1167/2025 dated 16.06.2025 under Section 109 of BNS and investigation has been taken up. The accused persons filed anticipatory bail petitions before this Court and obtained anticipatory bail by order dated 14.08.2025. Later, the Investigation Officer issued notices under Section 35(3) BNSS on 20.08.2025 and investigation is under progress and that after finalization of investigation, appropriate report will be filed before the competent Court. As such, the allegation that respondent Police has not taken any action against the petitioner’s complaint is false and baseless and a copy of FIR No.1167/2025 has also been annexed with instructions.

5. In that view of the matter, since FIR No.1167/2025 has already been registered against the accused persons, this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under law for further course of action.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

______________________________________

N.V.SHRAVAN KUMAR, J

17.09.2025

MRM

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