Mrs. Umme Ammarah v. The State of Telangana
Court: High Court for State of Telangana
Bench: N.V.SHRAVAN KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-21. Mrs. Umme Ammarah v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR W RIT PETITION NO: 854 OF 2026 Between: It/rs. Umme Ammarah, W/o tVlr. Syed Asim Fardeen, Aged about 35 Housewife, resident of Flat No. 5i12, 503, 601, Grace Resrdency, Beside t\,4asjid, Humayun Nagar, lt/ehdipatnam, Hyderabad. ... PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary, Home Department, Hyderabad. 2 The Commissioner of Police,, Hyderabad Commissionerate, Hyderabad 3 The Deputy Commissroner of Police, Southwest Zone, Hyderabad Co m m iss io n e rate, Telangana. The Assistant Commissioner of Police. Asif Nagar Division 4 The Station House Officer, tr,4ehdipatnam Police Station, Hyderabad 6 Sved lt/arivam, W/o Late Sultan Baksh, Aged about 75 years, Occ- Housewife, R/o 8-2-316/H/1 , Plot No. 164, Road No.
14' Baniara Hyderabad, Telangana 7 Salman Ahmed Hussaid Baksh, S/o Late Sultan Baksh, Aged about Occ- Business, R/o 8-2-316/H/1 , Plot No. 164, Road No. 14, Banjara Hyderabad, Telangana ... RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying circumstances stated in the affidavit filed therewith, the High court pleased to issue writ, order or Direction, or any other appropriate order nature of a Writ of lr,4andamus, declaring the action of the respondent particularly Respondent No. 5 in not registering FIR and taking actions '10. 1 Respondent No. 6 to 8 despite making specific complaint dated 1. 2025 to --a Respondent No. 5 herern is illegal, arbitrary and unconstitutrl lal and consequently : direct the Respondent No. 5 to register a crime against the -'spondent No. 6 to B by considering the comgrlaint dated- 10. 11. 2025.
lA NO: 1 OF 2026 Petition under Se'ction 151 CPC praying that in the c r ;umstanc€rs stated in the affrdavit frled in sucport of the petition. the High Court rr. r be pleased to direct the Respondent No 5 to register a crime against the Res;r ndent No 6 to B by considering the complaint dated 10 11. 2025. Counsel for the Petitioner: SRI E. VENKATA SIDDHARTHI' Counsel for the Respondents No 1 To 5: AGP FOR HOME Counsel for the Respondents No 6 & 7: ------ The Courl made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR WRIT PETITION No. 854 of 2026 DATED: 2L. OL. 2026 Between: Umme Ammarah ... Petitioner AND The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad and 6 others. ... Respondents Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behall of respondent Nos. 1 to 5.
With their consent, this writ petition is taken up for disposal at the admission stage itself. 2. This writ petition is hled declaring the action of respondent No. 5 in not registering FIR ald taking action against the respondent Nos. 6 to B despite rnaking specific complaint dated '- 10. 1 1. 2025 to respondent No. S herein is iltrl al, arbitrary and unconstitutional ar-rd consequential prayer to direct the respondent No. 5 to reglster a crime against thc respondent Nos. 6 to B b1' considcrirrq the complaint dated iO. I 1. -l )25 3. Leamt'd Assistar-rt Government Pieader fo Home placed on record the u'ritlr:n instructior-rs rssued by SuI: ll spector of Police, Mehdipatnam P,:licc Station, H-r,derabad where i r it is stated that petitioncr ncver submittcd anr complaint d:r , cl 08. 1 I. 2025 to thc respondent No. s.
No such complaint has been placed on record, and the ltetitior-rcr has also failed to f le a copy of the alleged complaint along with the u,rit petition In fact, the only subsequent conrplaunt submitted by the pet t oner was dated 1O. 12. 2025, u,hich u,as sent b-r, registered post 1) the respondent No. 5 and a copy of the sam e has been ann r xed in this writ petition. Horvever, the petitioncr had addressecl : compla-int dated 02. 10. 2025 to the respondent No. 5, alleging that respondent No. 6 and others have trespassed into the premrsr s, attempted to assault her alcl her husband, and tried fo - ibly evict them despite the pendcncy of a civil suit for injuncti I r. The petitioner alleged commission of offences amounting to r:. iminal trespass, intimidation and unla'"i,ful evictron. Based on tlr: said complaint dated 02. 1O. 2025, respondent No. 5 registered ! i'R No. 2all2025 on 06. lO.
2025 under Sections 329(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita (for short 'BNS') against respondent No. 6 and others. The said crime presently is under investigation Thereafter, respondent No. 6 sllbmitted a written complaint before respondent No. 5 alleging that ll-re petitioner's husband and others have forciblrv entered her flat, assaulted senior citizens and staff, caused serious injuries, issued threats, indulged in indecent behaviour and commirted acts amounting to grave offenccs. UpoD receipt ol the said complaint, respondent No. 5 registered Cnme No. 286 on 13. 1O. 2025 under Sections 329(4), 115(2), 35 12025 read u,ith 3(5) of the BNS against the petitioner's husband ald others. The said crime is also under investigation. While both the above crimes were pending for investigation, the petitioner once again submitted a fresh complaint dated 10. 12.
2025, reiterating substantially the same allegations relating to tenancy disputes, alleged forcible occupation, removal of household articles, threats, and fear lor personal safety, despite the pendency of the Civil Suit in O. S. No. 441. /2025 on the l-rle of the IX Junior Civil . Iudge, City' Civil Court, Hyderabad. On receipt of the complaint dated 10. 12. 2025, respondent No. 5 made a petition entry uide Acknowledgement No. HYD/ MEH_HYD Cated /231225 /OOB72 23. 72. 2025. After conducting a preliminary enquiry, it was lound that two FIRs have already been registered on the same set of I -aliegations and counter-allegations, and that ,he issues raised were predominantly civil in nature, arising I rt of a laldlord- tenant dispute alreadl, pending before comp r tent Civil Court. Accordingly, the complaint datecl lO. 12. 2O2: u,as closed on OB. O1 . 2026 as "Oivil in Nature". The saicl r losure rvas dul]. communicated to the peritioner through pe the lion Management System.
It is further submitted rhat th,: allegation that respondent poli<:e failed ro corrsider the pe titic. :r,s complaint or . did not take artv zrction is lalsc, incorrect ald nisleading. Since appropriate action has alreac. lr. been talen ,r r al1 complaints submitted by the petitioner, no further ca I se survives for consideration in the present u,rit petition. 4. Recording the above submissions, the writ petition is ,,ci,il disposed of, as the complaint u,as closed as in nature,, on O8. O1. 2026 and a civil suit in O. S. No. 441 of 2r) 25 is pending on the file of the IX Junior Civil Judge, Ciry Civii (t urt, Hyderabad. Needless to state, the petitioner is at liberty to reek appropriate remedies available under lau,. Miscellaneous petitions, pendirrg, if any, s t r[ stard closed. Hou,ever, there sha1l be no order as to costs. SDr-,. PONNA KRISHNA ASS I ;TANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, \ 1 The Principal Secretary. Home Department, State of Ter rgana, Hyderabad I 2.
The Commissioner of police Hyderabad Commissionerate, Hyderabad 3. The Deputy Commissioner police, of Southwest Zone, Hyderabad Commissionerate, Telangana. 4. The Assistant Comnrissjoner police, of Asif Nagar Division 5. The Station House Officer, lr4ehdipatnam police Station, Hyderabad 6 One CC to SRt E. VENKATA STDDHARTHA, Advocate tOpUCl 7 Two CCs to GP FOR HOIVE , High Court for the State of Telangana at Hyderabad [OUT] 8. Two CD Copies D\\ HIGH COURT DATED:21 10112026 I frE S € t ORDER 4 J rI"8 zlm I I WP. No. 854 of 2026 * ) e PETITION DISPOSING OF THE WRIT WITHOUT COSTS
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