Mr. Ahmed Abdul Qadeer vs. The State Of Telangana

WP/30600/2025HC TelanganaGSTCNR HBHC01060653202509 October 2025Bench: N.V.SHRAVAN KUMAR5 pages

For Petitioner: SRI OMAR A PASHAFor Respondent: AGP FOR HOME

AI SummaryRemanded

Facts

The petitioner, Mr. Ahmed Abdul Qadeer, filed a private complaint under Sections 190 and 200 of the Cr.PC before the XVII Additional Chief Judicial Magistrate, Nampally Court, alleging offences under Sections 405, 406, 417, 420, 463, 465 read with 120(B) of the Indian Penal Code. The Trial Court, by an order dated 25.07.2025, referred the complaint to Respondent No. 4, the Station House Officer, Tolichowki Police Station, for investigation and filing a report. The petitioner contended that despite this order, Respondent No. 4 had failed to register an FIR. The respondents, through the Assistant Government Pleader, submitted that the private complaint was received by Respondent No. 4 on 22.09.2025, and FIR No. 164 of 2025 was registered on the same date under the aforementioned sections.

Held

The Court noted that the petitioner had filed a private complaint, and the Trial Court had passed an order dated 25.07.2025 referring the complaint to Respondent No. 4 for investigation and filing a report. The petitioner's grievance was the alleged inaction of Respondent No. 4 in registering an FIR. However, the learned Assistant Government Pleader for the respondents placed on record instructions indicating that FIR No. 164 of 2025 was registered on 22.09.2025, based on the petitioner's complaint. Given that the FIR has now been registered, the Court found that the primary grievance of the petitioner regarding inaction has been addressed. Therefore, the Court disposed of the writ petition, granting liberty to the petitioner to seek appropriate remedies as available under law, without delving into the merits of the FIR or the underlying complaint. No specific issue was left undecided, as the registration of the FIR resolved the immediate concern.

Key Issues

1. Whether the inaction of Respondent No. 4 (Station House Officer, Tolichowki Police Station) in refusing to prepare an FIR, despite a specific order from the XVII Additional Chief Judicial Magistrate, Nampally Court dated 25.07.2025 directing the registration of an FIR against named accused, constitutes a violation of the petitioner's rights and warrants a writ of mandamus? Petitioner's contention: The petitioner argued that the Trial Court's order dated 25.07.2025, which directed the registration of an FIR, was not complied with by Respondent No. 4, leading to inaction and a denial of justice. The petitioner sought a writ of mandamus to compel the registration of the FIR as per the Magistrate's order. Respondents' contention: The respondents, through the Assistant Government Pleader, submitted that the private complaint was received by Respondent No. 4 on 22.09.2025, and FIR No. 164 of 2025 was registered on the same date. This submission implies that the inaction was temporary and the FIR has since been registered.

Sections Cited

Section 190, Section 200, Section 405, Section 406, Section 417, Section 420, Section 463, Section 465, Section 120(B), Section 175(3)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[ 3255 I IN TTIE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special OriginalJurisdictbn) ! THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TIA/ENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUII'IAR WRIT PETITION NO: 30600 OF 2025 Between: Mr. Ahmed Abdul Qadeer, S/o Mohd. Abdul Hai, aged about 70 years, Occ- Retd. Employee, R/o 8-1-347Bn4,Arvind Nagar Colony, Tolichowki ...PETITIONER AND 1 The State of Telangana, Represented by its Principal Secretary, Home department, Telangana. The Commissioner Hyderabad., TGICCC Telangana lntegrated. Command and Control Centre, Road No. 12, adi. Puri Jagannath Temple, Bhavani Nagar, Banjara Hills, Hyderabad, Telangana 500034. Assistant Commissioner of Police, Tolichowki Division, Tolichowki PS, 1, 8-1-33213t23, Aziz Bagh Colony Rd, Aravind Nagar Colony, Toli Chowki, Hyderabad, Telangana 500008. The Station House Officer, Tolichowki Polie Stiation, 1,8'1'33213123, Aziz Bagh Colony Rd, Aravind Nagar Colony, Toli Chowki, Hyderabad, Telangana 500008. ...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 Direction, particularly one in nature of Writ of Mandamus, questioning the inaction on the part of the Respondent No. 4 in refusing to prepare an FIR based on an order passed by the Hon'bte XVll Addl. Chief Judicial Magistrate in Nampally court who passed refer to PS orders dated 2S1OTt2O25 specifically directing the 4th Respondent herein to prepare an FIR and has also stated the Accused against whom the FlR. should be prepared 2 3 4 Counsel for the Petitioner : SRI OMAR A PASHA Counsel for the Respondents: AGP FOR HOME

The Court nrade the following: ORDER '1

./ THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAIT UtsIT PEUTION nio.S0600 ORDEB: Heard learned counsel for the petitioner and learried Assistant Government Pleader tbr Flome appearing {or respondent Nos.1 to 4. With t{reir consent, this writ petition is being t'aken up for disposal at the admission stage itself.

This writ petition has been filed seeking the following Prayer:- "to declnre tlrc innction on tlrc ptnrt of tlrc Responlent No,4 in refusing to prepnre an FIR basetl on an ordtr passed by the Honble XVII Addl Chrq ludiciat Mngistrttte in Nampnlly court wln passed refer to PS orders dated 25.07.2025 speciJicnlly directing the 4ttt fr.sspsrulentlurein to prepart m FIII nnd hns ilso slated tlrc Accused against wlom tlrc FIR sltould he prepnred."

Brief facts stated in this writ pctition are that petitioner under Section 190 reacl with 200 of Cr.PC. filcd a private complaint for the offence under Section 405,4(16, +:17,420, 163, 165 rcad with 120 (B) IIaC and the XVII Adrlitional Chicf Iuclicial Magistratr: in Nampally court (hereinafter referred as 'tlre '['rial Court') t,ide order rlatccl 25.07.2025, referred the complaint to the respondent No.4 for invcstigation ancl filing of report. The case of the petitioner is that inspitc of the ordcr .latec{ 25.07.2025, respondent No.4 had not registered FIR against pctitioncr conrplaint. Aggrieved by the same, the present writ pctition is filccl. 4. l-earned Assistant Governtnt:nt Ple'adr:r for Home appearing for responc{cnt Nos.l to 4 placecl or1 re.corrl instructions issued by Sub-Inspector of Policc, Tolichorn,ki Policc Station, Flvcicrabad, r,r'lrerein it is submitted that petitioner filetl private complaint lrcfore the Trial Court and the same lt'asi \ \

2 received by respondent No.4 on 22.09.2025 oide Dis.No.2071,/XVl ACMM/[IYD/202S dated 06.08.2025. Thereafter, respondent No.4 registercd FIR No.164 of 2025 under Section 405,406, 417,420,463,465 r.ead with 120 (B) and 175(3't BNSS on 22.@.2025. 5. At this stage, learned counsel for thc petitioner ptay this Court to grant liberty to the petitioner to seek appropriate remedy as available under law.

Ra:ording the submissions made by the learned counsel appearing on either sid,-.s and since the FIR No.164 of 2025 dated 22.09.2025 is registered against pe:titioner's cornplaint. this writ Pctition is disposed of granting liberty to petitiorrer to seek appropriate rcmedv as available uuder law.

With the above observation, this writ petition is disposed of. Miscellan:ous applications, if any pcnclinli, shall stand closed. No order as to costs. '- P.PONNA KRISH ASSISTANT REGISTRAR ,,'/ SECTION OFFICER

The PrinciPal Secretary, Telangana. Home department, The State of Telangana' To,

The Commissioner Hyderabad., TGICCC-Telangana lntegJated. CgST?l-q -' and control centre, Road No. 12, adi. Puri^Jagannath lemple, Enavanl Nigai Binjara Hills, Hyderabad, Telangana 500034'

Assistant commissioner of Police, Tolichowki .Division, Tolichowki^PS, .1' -' f-i:ggrtjit2i, eziiejgt -Cotonv Ro, Aravind Nagar Colony, Toli chowki' Hyderabad, Telangana 500008. 4. The Station House officer, Tolichowki Police^Station, 1,8-1-31213123, Fciz - 6'jin-tiii"iiv'no Aravino Nasar cotony, Toti chowki, Hyderabad, Telangana 50000tt.

One CC to SRI OMAR A PASHA, Advocate [OPUCI

Two COsto GP FOR HOME' High Courtforthe State of Telangana [OUT]

Two CD Copies PVL \ dD/

HIGH COURT DATED:09/1012025 ORDER WP.No.30600 of 2025 DISPOSING OF THE WRIT PETITION I WITHOUT COSTS Pta

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.