High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring action of Respondent No.2 and his sub ordinates frequently calling the Petitioner on petitioner's mobile and threaten the petitioner to appear before the Police with Aadhar card for obtaining the station bail in FIR No.570 ot 2024, dt.30.11.2024, failing which the respondent No.2 and his sub ordinates are ready to open the rowdy sheet against the petitioner without considering the grievances of the Petitioner in FIR No.56g/2024 for taking action -7 or conduct investigation against the Respondent Nos.3 to 7 which was filed earlier to FIR No.57012024 as illegal, arbitrary, unconstitutional, and violative of Article 21 of Constitution of lndia and violation of principles of natural justice and violation of provisions of BNSS and consequently direct the respondent No.2 not to arrest the petitioner without following due procedure in respect of FIR No.57O of 2024, d1.30 11.2024. 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 2 to r:onduct investigation in the earlier FIR No.569/2024 filed by the Petitioner against the Respondents No.3 to 7 herein, pending disposal of the main writ petition. lA NO: 2 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 respondents No.2 not to arrest the petitioner without following due procedure in respect of FIR No.570 ctf 2024, dt. 30.11.2024, pending disposal of the main writ petition. Counsel for the Petitioner: SRI J.RAMMOHAN RAO Counsel forthe Respondent Nos.1 & 2: GP FOR HOME Counsel for the Respondent Nos.3 TO 7: -- The Court made the following: ORDER :/ THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.92 L9 of 2O2S ORDER: Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for the official respondents, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage'

2. Having regard to the manner of disposal of the writ petition and nature of lis involved, this Court is of the view that notice to unofficial respondent(s) is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that the 2nd respondent is calling the petitioner and threatening to appear before the said authority along with his aadhar card ' for obtaining station bail in connection with Cr.No.57O/2024 dt.3o.11.2024, without following due process of It is the further case of the petitioner that though a case has 4. been registered uide Cr.No.569 12024 against the unofhcial respondent Nos.3, 4, 6 & 7 based on his complaint, dt 30' 1L'2024' the respondents-authorities have registered the subject crime 2 against the pe titioner as a counter blast to the afopssai6 .ri-. registercd on h is complaint.

5. Pciitioncr further contends that respolt,l en ts_zrutho rities without servlrg the notice under Section 35(3) of BNSS on the petitioncr havc resorted to afhxture of the same on his house and, that the petitroner on noticing the same has subnritted a reply on 25.03.20'.25

6. It is rhe further contention of the petitioner that notwrthstrlndi r rg the petitioner submitting his repty to the notice under Scr:tion 35(3) of the BNSS, the respondenl s_authorities are threatenirLg to 6ps. a rowdy sheet against the p(rtitioner, which action of the respondents-authorities it is conte nded as highiy arbitrarv and in violation of Articles 14 and 2 t of the illegal, Constitution o1' India

7. Per contro, learned Government pleader for Home submits that a case and counter case have been registerr:d against the petitioner :rnd the unofl-rcial respondents ujde Cr.Nos.5 69 of 2024 and 570 of 2021 on 30.1 1.2024.

8. It is further submitted by the learned Goverrrment pleader that in rhe case registered against the pt:titioner uide Cr.No.570/2024, since, he is arrayed as accused No.1, the t I 3 authorities have asked the petitioner to come to the police station to collect notice under Section 35(3) of BNSS; and that as the petitioner did not turn up for collecting the notice, the authorities served the same by way of afhxture on the petitioner's house. 9 . Learned Government Pleader would further submit that since, the petitioner now claims of submitting an explanation on

25.O3.2025 to the aforesaid notice, the authorities would consider the said explanation submitted by the petitioner and take further action in the matter, after conducting investigation, in accordance with law

10. The aforesaid submission made by the learned Government Pleader for Home is taken on record I 1. Having regard to the fact that the petitioner is now issued with the notice under Section 35(3) of BNSS on 22.03.2025 and also taking note of the fact that the petitioner claims to have submitted a reply/ explanation thereto on 25.03.2025, this Court is of the view that the respondents-authorities are to be directed to conduct investigation into the crime registered against the petitioner uideCr.No.57Ol2024, strictly in accordance with law. I

12. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs 4 1 13 ConseqL rently, miscellaneous petitions, if any, pending shall stand closed sD/- T.TTRUMALA nEvr AsstsrANr REGtsy'RAii / / \ \ To , //TRUE COPYII \i)v SECTION OFFTCER +:;,iJ5#at Sec:retary Home Department, Secretariat, Hyderabad, State of House officer, Moinabad potice station, Moinabad, Ranga Reddy : I]|}!ril",,", 3. One CC to SRt J ul ;.iys"[[il"?ff ]tyfl-^ff i,s3;tfl ]3??l?9,!,u"?r,,u,"ns"n,,,, 5. Two CD Copies PSK61 o- "\y& 1\ HIGH COURT DATED:2710312025 ORDER WP.No.9219 of 2025 ( J (j -.=-:=: 1nE 5l*1 ( Lta O 4 APR ?OI5 C. oEspA'-( * DISPOSING OF THE WRIT PETITION WITHOUT COSTS