Poshala Venkateswarulu v. The State of Telangana
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-18. Poshala Venkateswarulu v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 23069 OF 2020 Between: Poshala Venkateswarulu, S/o P. Sri Hari, aged 50 years, R/o Ellanda Village, Vardhannapet Mandal, Warangal Rural District ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Seereiary, Home Department, Secretariat Buildings, Hyderabad. 2. The District Superintendent of Police, Warangal Rural District. 3. The Station House Officer, Vardhannapet Police Station, Warangal Rural District 4. The Sub-lnspector of Police, Vardhannapet Police Station, Warangal Rural Drstrict. 5. Battu l\,4urali Babu, Sio. Ramaiah, Aged major, Occ. Agriculture, R/o. Ellanda Village Village, Wardhannapet Mandal, Warangal Rural District. 6. Smt Satthupalli Samakka, Wio Aged major, Occ. Agriculture, Rio.
Ellanda Village Village, Wardhannapet Mandal, Warangal Rural District. 7. Satthupalli Uppalaiah, S/o Aged major, Occ. Agriculture, R/o, Ellanda Village Village, Wardhannapet lr/andal, Warangal Rural District. 8. Sathupalli Baskar, S/o Aged major, Occ. Agriculture, R/o. Ellanda Village village, Wardhannapet Vandal, Warangal Rural District 9. Ponnala Neelamma, W/o Aged major, Occ. Agriculture, R/o. Ellanda Village Village, Wardhannapet [t4andal, . Warangal Rural District. 10. Smt l\,4allepaka Shantha, W/o Yakaiah Aged major, Occ. Agriculture, R/o Ellanda Village Village, Wardhannapet l\rlandal, Warangal Rural District. 11. Mallepaka Raju, S/o Yakaiah Aged major, Occ. Agriculture, R/o. Ellanda Village Village, Wardhannapet [,4andal, Warangal Rural District. 12. Smt. Sathupalli l\,4allamma, W/o Yallaiah Aged ma1or, Occ. Agriculture, R/o. Ellanda Village Village, Wardhannapet [t4andal, Warangal Rural District. 13. Smt Mallepaka Venkata Lakshmi, W/o Pedda Sailu Aged major, Occ.
Agriculture, R/o. Ellanda Village Village, Wardhannapet Mandal, Warangal Rural District. 14. Mallepaka Babu, S/o Aged major, Occ Agriculture, Rl/o. Ellanda Village Village, Wardhannapet f\rlandal, Warangal Rural District. 15. Mallepaka Upendra, W/o Chinna Yakaiah Aged major, Occ. Agriculture, Fl/o. Ellanda Village Village, Wardhannapet [t/landal, Warangal Rural District. 16. Manda Sampath, S/o Sailu Aged major, Occ. Agriculture. Rl/o. Ellanda Village Village, Wardhannapet Mandal, Warangal Rural District 17. Ponnala Sammaiah, S/o Aged major, Occ. Agriculture, Ellanda Village Village, Wardhannapet Mandal, Warangal Rural District. 18. Mallepaka Rajitha, D/o Yellaiah Aged major, Occ. Agriculture, Rl/o. Ellanda Village Village, Wardhannapet lvlandal, Warangal Rural District. 19. Sathupalli Shankar, S/o Mallaiah Aged major, Occ. Agriculture, R/o. Ellanda Village Village, Wardhannapet fvlandal, Warangal Rural District ...
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or directron, more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the respondent No. 4 herein in not making further investigation in crime No. 16612020 dated 0710912020 to arrest the respondents 5 to 19 herein and to file charge sheet before the [Vlagistrate concerned is highly illegal, arbitrary, and u nconstitutional being violative of articles 14 and 21 of the Constitution of lndia and also violative of principles of natural justice and consequently direct the respondent No. 4 herein to investigate into the Crime No. 16612020, dated 07/09/2020 on the file of P. S. Wardhannapet, Warangal Rural District, arrest the respondents 5 to 19 herein and to file the charge sheet in the said crime.
lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 4 herein to provide police protection to the petitioner herein to enable him to enter into his agricultural lands for doing agricultural operations, pending disposal of the writ petition, in-the interest of justice. Counsel for the Petitioner : SRI K. SRINIVAS Counsel for the Respondent Nos. 1 to 4: AGP FOR HOME Counsel for the Respondent Nos. 5 to 19:-------- The Court made the following: ORDER THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 23069 OF 2020 ORDER Heard learned counsel for petitioner and learned Assistant Government Pleader for Home. 2. This writ petition is filed alleging that even though on rhe crime reported by petitioner, crime No.
166 ol 2020 was registered, but so far respondents have not arrested respondent Nos 5 to 19, have not fi1ed charge sheet and said action of the respondents is illegal and respondents be directed to conduct further investigation. 3. As fairly submitted by learned counsel for petitioner, so far, investigation is not completed. Thus even before investigation is completed, qLlestion of going into the manner of conducting investigation and ordcring lor conducting of further invcstrgation does not arise. As held by the Hon'ble Supreme Court consistently, once crime is registered, full discretion is vested on police authorities to conduct investigation and take measures as required in complcting the investigation. In the process of investigation, it is also open to police to arrest the accused, il necessary.
But even before investigation is completed and appropriate steps are taken, this Court cannot interdict the process and monitor the progress and direct the respondent-police to conduct lurther investigation. 4. As consistently held by this Court and the Hon'ble Supreme Court more particularly in M. Subramaniam and another v. -1 S. Janaki and anothert, in all matters concerning investigatirln, any person has grievance, he has to avail remedies provided by the Code of Criminal Procedure. 5. Granting said liberty, this writ petition is dismissed. Miscellaneous petitions, if any pending, stand closed. l 2020 SCC online S. C. 341 SD/. K^AMMAJI ASSISTAI$T REGISTRAR //TRUE COPY// ttfl CE-- SECTION OFFICER To, CC to Sri K. Srinivas, Advocate I 9n" IOPUCI 2. Two CCs to GP for Home, High Courtior tn-d State of Telangana at Hyderabad. l,OUTI 3. Two CD Copiei smr Ad,- "\ 2020 SCC online S. C. 341 HIGH COURT DAf ED:1811212020 ORDER 1HE sr4 B iC-o WP. No. 23069 ot 2020 ( ((. (' {J 3 0 oEc 2020 '.
t C) . L \\€ -& 4. = I iC'ii DISMISSING THE WP WITHOUT COSTS \\\, fcor,,eA -) I 'r )=,-dft>[mzo
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