2025 Supreme(Online)(Tel) 70366
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Desireddi Jyothi – Appellant
Versus
The State of Telangana – Respondent
WP 27624/2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27624 of 2025
ORDER
Heard learned counsel for the petitioner and Sri.G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. With their consent, this writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking the following prayer:-
“to declare the action of the Respondent No.5 in not completing investigation and not taking action against Respondent No.6 and in not filing Chargesheet in Crime No.154/2024 despite registering First Information Report on 22-07-2024 at P.S. Munagala, Suryapet District, for offences punishable under Sections 199, 420, 466, 468, 471, 474 r/w 34 IPC and Section 175(3) BNS as illegal, arbitrary, violative of Article 21 of the Constitution of India and Consequently direct the Respondent No.5 to complete investigation and file Charge Sheet in Crime No.154 of 2024 by taking action against Respondent No.6.”
3. Brief facts stated in this writ petition are that the petitioner vide C.F.No.97 of 2024 lodged a complaint and on on such complaint, respondents No.5 registered FIR No.154 of 2024 dated 22.07.2024, for the offences under Sections 199, 420, 466, 468, 471, 474 r/w 34 IPC and Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred as ‘BNSS’). It is further submitted that earlier petitioner had filed E.O.P.No.1 of 2019, on the file of Election Tribunal-cum-Senior Civil Judge, Huzurnagar, Suryapet District and contented that the respondent No.6 had secured candidature for election to the office of ZPTC by forging documents and falsely declaring that her 2nd and 3rd children are twins, concealing the fact that she had more than two children, thereby rendering him ineligible to contest in the local body elections. On discovery of such fraud, the learned Senior Civil Judge, Huzurnagar, vide order dated 05.02.2024 in E.O.P.No.1 of 2019, passed the following order:-
“In the result, this election petition is allowed with costs declaring the election of respondent No.1/Nallapati Parmeela as Member of Zilla Parishad Territorial Constituency, Munagala, Suryapet District as void under Section 21(3) of the Telangana Panchayat Raj Act, 2018 and further declaring the election petitioner/Deshireddy Jyothi as duly elected Member of Zilla Parishad Territorial Constituency, Munagala, Suryapet District.”
4. The case of the petitioner is that though the FIR No.154 of 2024 was registered on 22.07.2024, till date the respondent authorities failed to complete investigation and file charge sheet before the competent Court. Hence, the petitioner on 03.04.2025, made a representation, enclosing relevant evidence and orders and requested respondent authorities to direct the concerned to complete investigation and take necessary action against respondent No.6 and when the same was not considered, the petitioner on 09.07.2025, made a representation and requested respondent No.5 to conduct detailed investigation in the matter and take action against respondent No.6. However, the same is also pending for consideration. Aggrieved by the same, this writ petition is filed.
5. Learned counsel for the petitioner submits that the documents attached in the representation dated 03.04.2025, would be sufficient for the purpose of further investigation and for filing charge sheet and pray this Court to direct the respondent No.5 to consider the documents submitted by the petitioner and complete the investigation and take action in a time bound period.
6. Learned Assistant Government Pleader for Home appearing for respondents pray this Court to pass appropriate orders.
7. Having considered the above facts and circumstance and since the respondent No.5 had registered FIR No.154 of 2024 on 22.07.2024 and thereafter, the petitioner vide representation dated 03.04.2025 have submitted relevant evidence and orders, hence, this Court deems it appropriate to dispose of the