Gangu Kanakaiah, Kmnr. Dist. vs Prl. Secy., Rev. Dept. And 3 Ors.
2024 Latest Caselaw 177 Tel

Telangana High Court

Gangu Kanakaiah, Kmnr. Dist. vs Prl. Secy., Rev. Dept. And 3 Ors. on 9 January, 2024

          HIGH COURT OF JUDICATURE AT HYDERABAD
    FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
                          PRADESH

             WEDNESDAY, THE FOURTH DAY OF FEBRUARY,
                   TWO THOUSAND AND FIFTEEN

                                   :PRESENT:
        THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

                             WP .NO: 2098 of 2015
Between:
1 Abdul Gafoor, S/o. Rabeeb,
    R/o. Door No.24/74-13/A, Indira Nagar-1
    Yenamala Kuduru Village, Penamaluru Mandal, Krishna District.
2 Balineni Anand Krishna, S/o. Satyanarayana,
    R/o. 17-218, Daba Pump Center, Lambadipeta,
    Yenamala Kuduru Village, Penamaluru Mandal, Krishna District.
                                                                  ..... Petitioners
                                     AND
1    The State of Andhra Pradesh, Rep. by its Secretary, Home Department,
    AP Secretariat, Hyderabad.
2    The Director General of Police, Andhra Pradesh Area, Hyderabad.
3    The Commissioner of Police, Vijayawada, Krishna District.
4    The Assistant Commissioner of Police, Vijayawada, Krishna District.
5    The Station House Officer, Penamaluru Police Station, Krishna District.
                                                               .....Respondents
     Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a Writ, Order or Direction more particularly one in the nature of
Writ of Mandamus, declaring the action of the respondents 4 and 5 in
registering FIR No. 15 of 2015 against the petitioners herein without following
the procedure contemplated under Section 41 of Cr.P.C. and also the Judgment
of the Hon'ble Supreme Court of India is illegal, arbitrary and violation of Article
14, 16 and 21 of Constitution of India and consequently and set aside the same.

     The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri M.K. Raj Kumar,
Advocate for the Petitioners and Assistant G.P. for Home (AP) for the
Respondents, the Court made the following

ORDER:

Submission that Section 41 Cr.P.C. procedure is sought to be followed before registering FIR seems misconceived, as police cannot be expected to give notice before registering FIR.

However, with regard to other allegations of petitioners, AGP to get instructions.

List along with WP.No.978 of 2015.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Secretary, Home Department, State of Andhra Pradesh, AP Secretariat, Hyderabad. 2 The Director General of Police, Andhra Pradesh Area, Hyderabad. 3 The Commissioner of Police, Vijayawada, Krishna District. 4 The Assistant Commissioner of Police, Vijayawada, Krishna District. 5 The Station House Officer, Penamaluru Police Station, Krishna District. 6 One CC to Sri M.K. Raj Kumar, Advocate (OPUC) 7 Two CCs to the G.P. for Home (AP), High Court, Hyderabad. (OUT) 8 One spare copy.

nnr

HIGH COURT

VVA,J

DATED: 04-02-2015

NOTE: List along with WP No.978 of 2015

ORDER

W.P.NO. 2098 OF 2015

DIRECTION HIGH COURT Nnr Date of Drafting : 05-02-2015

VVA,J

DATED: 04-02-2015

NOTE: List along with

ORDER W.P.NO. 2098 OF 2015

DIRECTION