Rajesh Janyavula vs The State Of Telangana
2023 Latest Caselaw 921 Tel

       HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                     WRIT PETITION No.27345 OF 2022

ORDER : (ORAL)

          This writ petition is filed by the petitioner seeking to declare

high-handed action of respondent No.3 - the Station House Officer,

Balanagar Police Station, Cyberabad Police Commissionerate,

Hyderabad, in not discharging his statutory duties obligated under

Sections 154 and 156 of the Code of Criminal Procedure 1973 (for

short 'Cr.P.C.') on his complaint dated 21.09.2021.

2. The case of the petitioner is that contents of his complaint

disclose cognizable offences, as such, respondent No.3 ought to

have registered First Information Report (FIR) under Section 154

of Cr.P.C. as per the judgment of the Hon'ble Supreme Court in

Lalita Kumari v. State of Uttar Pradesh1, on his complaint.

3. Learned Assistant Government Pleader for Home, based

on the written instructions dated 29.06.2022 issued by respondent

No.3, has submitted that complaint dated 21.09.2021 was lodged

(2014) 2 SCC 1

by the petitioner with respondent No.3 stating that he is owner of

the vehicles viz., (1) Swift Desire No.TS-10-UA-0230 and

(2) Innova No.TS-10-UA-2495 which were hypothecated to the

Bank of India, Khairatabad Branch, Hyderabad. The petitioner

was unable to pay outstanding dues to the Bank of India.

On 20.09.2021 and 21.09.2021, anti-social elements engaged by

the Bank of India have seized the above two vehicles. On receipt

of complaint from the petitioner, respondent No.3 has made an

entry in the General Diary and during the course of enquiry, as it

was revealed that there was a civil / financial disputes between the

petitioner and the Bank of India authorities and that no cognizable

offence is made out, complaint of the petitioner was closed as 'civil

in nature' and the same was informed to the petitioner through

post.

4. In the above circumstances, no further orders are required

to be passed in this writ petition.

5. Therefore, the writ petition is closed, at the admission

stage itself, granting liberty to the petitioner to invoke appropriate

legal remedy, if aggrieved by the closure of enquiry. No order as

to costs.

As a sequel thereto, miscellaneous applications, if any,

pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J February 23, 2023.

PV