High Court · 2025

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 8153 oF 2025 2 1 Md Abdul Samad @ Mohammed Abdus Samad, S/o Mohammed Abdul f9me99, Aged about 72 yearc, Occ. Business, R/o H.No.10-55, Hussaini Alam, Kaverammapeta, Jad-cherla, Mahbubnagar bistrict Mohd Mazhar, S/o Mohd- Abdul Kareem, -Aged about 49 years, Occ.. Business, Rl/o H.No.10-56, Hussaini Alam, kaverammapeta, .laticfreifa, Mahbubnagar District flqr.engtly 9yrplr, W/o Anjaiah, Aged about 70 years, Occ. Housewife, R/o H.No.3-2, Thondupally, Near Bus Stop, Shamshabad, Ranga Reddy Didtrict, Telangana State 3 ...PETITIONERS Secretariat, Hyderabad AND '1 . The State of.Telangana, Rep by its principal Secretary Home Department 2. The Superintendent of Police, Mahabubnagar District, Telangana State 3. The Deputy Superintendent of police, Mahibubnagai Districl, Telangana 4. The Station House Officer, Jadcherla pof ice Station, Mahabubnagar District, 5. Samiullah, S/o Ataullah aged 55 years Occ Business Fl/o H.No. 1-10-92 Telangana State State Shasaheb Gutta Mahabubnagar District Telangana State. ...RESPONDENTS Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.4 frequently calling the Petitioners to Police station knowing well that the Respondent No.S is stranger to the Petitioners and there is no jural relationship between the Petitioners and Respondent No.5, without considering their health problems and age limits and compelling them to sit in Police Station for hours together and also trying to arrest the Petitioners without following due process of law, as illegal, arbitrary and violation principles of natural justice and consequenfly direct the I Respondent No.4 not to call the Petitioners to Police Station also not to take any coercive steps again-"l the Petitioner without following due process of law U/s.35(3) Bharatiya Nlagarik Suraksha Sanhita (BNSS)' IA NO: 10F 2025 Petition under S erction 151 CPC praying that in the circumstances stated in the affidavit filed in s'r1;port of the petition' the High Court may be pleased to direct the Respondent l\o.4 'rct to take any coercive steps against the Petitioner and not tocallthePetittonerstoPoliceStationwithoutfollowingdueprocessoflaw U/s.35(3) Bharatiya Nagarik Suraksha sanhita (BNSS), pending disposar of main Writ Petition. Counsel for the Petitioners: SRI ABDUL KABEEE ;;;;;;i io' iii" n".pondent Nos'1 ro 4: GP FoR HoME Counsel for the Re:;Pondent No'5: - - -, The Court made ihe following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.8153 of 2025 ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos. I to 4, and with the consent of the learned counsel appearing for the respective parties, the writ petition is laken up for hearing and disposal at admission stage.

2. Having regard to the nature of lis involved in the Writ Petition and the manne r of d isposal, [his Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case o[ the petitioners, in brief, is that the respondents-authorities have registered a case uide Cr.No.157 /2025 on 06.03.2025 against Lhem based on a complaint made by the 5rh respondent herein under the provisions of Section 318(4) of BNS; and that the authorrties are noL foilowing the procedure prescribed under Section 3S(3) of BNSS while investigating into the aforesaid crime.

4. It is the further case of the petitioners that the respondents_ authorities are calling the petitioners lo the 4ft respondent_police station regularly and making them to sit from -:::t"* to evening 2 in the n,lmr: trf invcstigation into the aforesaid crim,;_, gvgn though there is no jr r:al relationship between the petitioners a nd the 5rh respondc)n t, frr him to approach the responden ts_authorities and submit €r repr.,lsentation/ complaint against them, and thus it is contended thal the entire action of the respondcnts. aut horities in registering the aforesairl crime and the manner of c:onducting rnvestigation, s vitiated

5. Per cortt, n, learned Government pleader for Home :Lppearing for resporrdent \os.1 to 4 would submit that the authoriries based on a cornltliti:tt received from the Srh respondent hcrein on 06.03.2025, herve registerecl a case in Crime No.157/2025 for the offence of ,:hear ing under the provisions of Section 31g of ]lNS. 6. Learncd ( lovernment plcader further submits r_hat the authorities cn -egls tering the aforesaid crime havo cz Llled the petitioners to tl-,,, 4t respondent_police Station for thc pt. rpose of tlrd except investigating into the aloresairl crime, thc,reliminary stage of investigation, the authorities not callinl; rhe petitioners to the police station r.egularh, as tnvestigatic,n which is at being claim:d b1 the petitioners 7 Learnecl Grtr,.crnment pleader would further subntit that the authorities orl conducting preliminary enquiry/investigatitn lnto the aforesaid crin-rc would take further action in the mar.ter, by 3 following due process of law including the mandate under Section 3s(3) of BNSS. 8 The aforesaid submission made by the learned Government Pleader for Home is taken on record

9. Having regard to the submissions made as above and since, a crime has been registered against the petitioners herein uide Crime No. 157 /2025 on 06.03.2025, this Court is ol.the view that the respondents-authorities are to be directed to follow due process of law while investigating into the aforesaid crime. 10 Subject to the above direction, the Writ petition is disposed of. No order as to costs

11. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY// SD/- N.SRIHARI D UTY REGISTRAR CTION OFFICER \ To Telangana

1. The Principal Secretary Home Department Secretariat, Hyderabad, State of 2. The Superintendent of Police, Mahabubnagar District, Telangana State 3. The Defuty Superintendent of Police, Mah"abubnagai Districi, Telangana State Telangana State

4. The Station House Officer, Jadcherla Police Station, Mahabubnagar District, 5. One CC to SRI ABDUL KABEER, Advocate IOPUCI 6. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT]

7. Two CD Copies PSK. o HIGH COURT DATED:1810312t125 ORDER WP.No.8153 of 2025 ,13;.:;ii'ir; o 2 0 fiAfl it2ii ;. * !t t s rp 16 a?! -:a- DISPOSING OF THE WRIT PETITION WITHOUT COIiTS ,{