The High Court · 2025

3. Chanda lndra Reddy, S/o. Chanda Srinivas Reddy, Aged 34 yrs., Occu. Nalgonda Agriculture, Rl/o. Pbddagudem Village, Peddavo6ra Mandal, District. - ...PETITIONERS AND 1 The State of Telangana, Rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2 J 4 The Superintendent of Police, Nalgonda District. The Station House Officer, Peddavoora Police Station, Nalgonda District. Bogala Laxma Reddy, S/o. Shambi Reddy, Aged 32 yrs., Occu. Agriculture, Rl/o. Peddagudem Village, Peddavoora Mandal, Nalgonda 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 Direction more in the nature of the Writ of Mandamus by declaring the action of the Respondent No. 3 in proposing to illegal arrest of the petitioners without following due process of law in connection with Crime No. 36 ot 2025 of Peddavoora P.S. at the instance of the 4th respondent is illegal, arbitrary and violation of A(icle 14,21 and Apex court orders consequently direct the respondents to not to take coercive steps against the petitioners in Crime No. 36 ol 2O25 of Peddavoora P.S. at the instance of the 4th respondent. lA NO: 1 OF 2025 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. 3 not to arrest the petitioners without following due procedure ofaw in connection with Crime No. 36 of 2025 of Peddavoora P.S. at the instance of the 4th respondent pending disposal of the writ petition. Counsel for the Petitioner : SRI VENKAT REDDY KODUMURY Counsel for Respondents No.1to3 :SRl G.ANIKETH REDDY,AGP FOR HOME Cqunsel for Respondents No.4: W.P.No.5078 OF 2025 Between: '1 . Chanda Srinivas Reddy, S/o.Chanda Saidhi Reddy, Aged 54 yrs., Occu. Agriculture are R/o. Peddagudem Village, Peddavoora Mandal, Nalgonda District.

2. Chanda Saidamma, Wo. Chanda Srinivas Reddy, Aged 50 yrs., Occu. House wife,

3. Chanda lndra Reddy, S/o. Chanda Srinivas Reddy, Aged 34 yrs., Occu. Agriculture.

4. Chanda Shiva Krishna Reddy, S/o. Venkat Reddy, Aged 31 Yrs., Occu. Agriculture. All Petitioners are Fl/o. Peddagudem Village, Peddavoora Mandal, Nalgonda District. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Pd. Secretary, Home Department, Secretariat, Hyderabad. 2 3 4 The Superintendent of Police, Nalgonda District. The Station House Officer, Peddavoora Police Station, Nalgonda District. A. lddaiah, S/o. Not Known, Aged Major, Occu. Head Constable No. 1621 , Ri./o. Peddavoora Police Station, Nalgonda 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 Direction more in the nature of the Writ of Mandamus by declaring the action of the Respondent No. 3 in proposing to illegal arrest of the petitioners without following due process of law in connection with Crime No. 38 ot 2025 of Peddavoora P.S. at the instance of the 4th respondent is illegal, arbitrary and violation of Article 14, 21 and Apex court orders consequently direct the respondents to not to take coercive steps against the petitioners in Crime No. 38 of 2025 oI Peddavoora P.S. at the instance of the 4th respondent. lA NO: 1 OF 2025 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 dirept the Respondent No. 3 not to arrest the petitioners without following due procedure of aw in connection with Crime No. 38 of 2025 of Peddavoora P.S. at the instance o the 4th respondent pending disposal of the writ petition. Counsel for the Petitioner : SRI VENKAT REDDY KODUMURY Counsel for Respondents No.1to3 :SRl G.ANIKETH REDDY,AGP. FOR HOME Counsel for Respondents No.4 : -- The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition Nos, 5075 and 5078 f 2025 co MON O ER: Since the petitioners in both the Writ petitions are one and the same and as the matters raise same issue, they are being disposed of by this common order. 2 Heard learned counsel for the petitioners, Sri G.Aniketh Reddy, learned Assistant Government pleader for Home appearing for respondent Nos.1 to 3, in both the Writ petitions, and with the consent of the learned counsel appearing for the parties, these Writ petitions are taken up for hearing and disposal at the admission stage.

3. Having regard to the manner of disposal of the Writ petitions at the admission stage and the nature of /rs involved, this Court is of the view that notice to unofficial respondent in both the writ petitions is not necessary for adjudication of the matters.

4. The case of the petitioners, in brief, is that the respondents_ authorities, in particular the 3d respondent, is proposing to ilegally arrest the petitioners herein without following due process of law in connection with Crime Nos.36 and 38 of 2025 on the file of peddavoora police station, at the instance of the unofficial respondent in both the writ Petitions, which action of the respondents it is contended is highly illegal, arbikary and in violation of Articles 14 and 27 of the constitution of India. 2

5. Petitioners further contend that the offences for which both the FIRs are registered are punishable with less than seven years imprisonment and as such, the petitioners are entitled to the benefit of being issued with notices under Section 41-A Cr.P.C./Section 35(3) of BNSS, and in spite of the same, the respondents-authorities did not issue the notices contemplated under the provisions of law.

6. Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 submits that petitioner Nos.1 and 2 in W.P.No.5075 of 2025 are arrayed as accused Nos'1 and 2 inCrimeNo.36of202tandthattheaforesaidpetitionerswereissued with notices under Section 41-A Cr.P.C./Section 35(3) of BNSS on

23.02.202s. 7'LearnedAssistantGovernmentPleaderfurtherSUbmitSthatinsofar as the petitioners in W.P.No.5078 ot 2025 are concerned, they are arrayed as accused Nos.1 to 4 in Crime No.38 of 2075; and that insofaras the 1't petitioner in Crime No.3B of 2025 is concerned, he was issued with Section 41-A Cr.P.C. notice on 15.02.2025, while accused Nos'2 to 4 were issued with notices under Section 41-A Cr.P,C. on 23'02'2025' B'LearnedAssistantGovernmentPleaderwouldfurthersubmitthat since the respondents-authorities have issued notices to the petitioners in both the Writ Petitions under the provisions of Cr'P'C/BNSS, the authorities would take further action of investigating into the aforesaid crimes as per law. \? SJ i;-irmr \ To, I I i \ I l I i I I I i

9. I have taken note of the respective contentions urged. 3

10. Having regard to the submissions made as above, since the respondents-authorities on registering the aforesaid crimes against the petitioners herein, having issued notices under Section 4l-A Cr.P.C./Section 35(3) of BNSS, this Court is of the vlew that the respondents-authorities are to be directed to investigate and take further action in the aforesaid crimes strictly in accordance with law.

11. Subject to above direction, the Writ Petitions are disposed of. No order as to costs.

12. Miscellaneous petitions, lf any, pending in these writ petitions shall stand closed. /TTRUE COPY// SD/-V.KAVITHA DEPUTY REGISTRAR lLt ---' SECTIdf{ OFFIGER

1. The Secretary, Home Department' Secretariat, State of Telangana' Hyderabad. The Superintendent of Police' Nalgonda District' The Station House Officer, Peddavoora Police Station' Nalgonda District' One CC to SRI VENKAT REDDY KODUMURY' Advocate tOPUCl Two CCs to GP FOR HOME' High Court for the State of Telangana IOUTI Two CD CoPies fls-

4. 5 b BSK LS HIGH COURT DATED:1910312025 It t. ST''l rc .\ \ j uz HA\ 2tr6 t t).!spnrCh) a \) a .i COMMON ORDER WP.No.5075 & 5078 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS RCffi\,i