Venugopal Medi vs State Of Telangana
2023 Latest Caselaw 367 Tel

    THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                Writ Petition No.45040 of 2022

ORDER: (Oral)


         This Writ Petition is filed by the petitioners under

Article 226 of the Constitution of India seeking a Writ of

Mandamus to declare the action of 4th respondent in not

receiving complaint dated 07/12/2022 of the petitioner

and not conducting investigation in any manner and non-

initiating to take action against 5th respondent as being

arbitrary, unjust, illegal and in violation of Article 21 of the

Constitution of India and also in contravention of the

judgment of the Hon'ble Apex Court in Lalita Kumari vs.

Government of Uttar Pradesh1; consequently, to direct

the 4th respondent to receive the complaint dated

07/12/2022 of the petitioner and conduct investigation

and take action against 5th respondent in accordance with

law under the vigil of 3rd respondent; to direct respondent

Nos.2 and 3 to take action immediately against 4th

respondent by suspending and/ or removing him from

service as per law and also issue general directions/

(2014) 2 SCC 1 ::2:: BVR,J wp_45040_2022

guidelines in regard with the investigation by Police

Officers of Telangana State in cases brought before them

more particularly; and direct the respondent Nos.1 to 3 to

initiate the system of online lodging of complaints and

automatic online generation of acknowledgement receipt

for registration of First Information Report in the State of

Telangana.

2. Heard Mr. B. Akash Kumar, learned counsel for the

petitioners; and the learned Additional Government Pleader

for Home, for respondent Nos.1 to 4 and 6.

3. Learned counsel for the petitioners contended that

after filing the present Writ Petition, the official

respondents have registered a case in F.I.R.No.23 of 2023

on the file of Police Station, Saifabad, and therefore the

cause in the Writ Petition no longer survives for

adjudication; but, however, prayed this Court that a

direction be given to the Station House Officer /

Investigating Officer, Police Station, Saifabad to comply

with procedure as contemplated under Section 41-A of

Criminal Procedure Code, 1973 and also as per the

guidelines issued by the Hon'ble Apex Court in Arnesh ::3:: BVR,J wp_45040_2022

Kumar vs. State of Bihar2 while conducting investigation

in connection with F.I.R.No.847 of 2022, dated 18.11.2022,

on the file of Women Police Station, City Crime Station

(C.C.S.), Hyderabad.

4. On the other hand, learned Additional Government

Pleader for Home, appearing for respondent Nos.1 to 4 and

6, contended that notice under Section 41-A of Criminal

Procedure Code, 1973 was issued to the petitioner.

5. In reply, learned counsel for the petitioners

contended that there is an apprehension that the police

may manhandle the petitioners in retaliation to the action

of petitioners in filing the present Writ Petition; and

therefore, prayed this Court to pass appropriate orders in

the Writ Petition.

6. In view of above, this Court is of the considered view

that the present Writ Petition can be disposed of by

directing the police officials / 5th respondent to comply

with the guidelines as enumerated by the Hon'ble Apex

(2014) 8 S.C.C. 273 ::4:: BVR,J wp_45040_2022

Court in Arnesh Kumar (2 supra) while conducting

investigation in F.I.R.No.847 of 2022, dated 18.11.2022.

7. Accordingly, the Writ Petition is disposed of as above.

No costs.

8. As a sequel, miscellaneous applications pending if

any in this Writ Petition, shall stand closed.

_________________________ B. VIJAYSEN REDDY, J

Date : 27.01.2023 Ndr