Allampati Subba Reddy v. '1. The State of Telangana

Petition under section 151 CPC praying that in the circumst?nces stated in the affidavit filed in sufport qf the pqtition, the High Court may !e nleased to direct the Feqpondent !g s to follow the prQvisions af the criminal Ptgcedurg Code qqrder Section 41:4 Cr.P.C. nor Sectlgn 3E (3) of B'N S S Aet and foltow directions _qf the Hon ble Apex Court in Arnesh Kumar V/s. Stale of Qihar and issue the Ngli-ce under Sectign 41-A Cr.F.C./ Sqction 35 (3) of B N S $ Act in crime No.149 of 2025 dated 20.03.2025 on the file of Pqlice sitation, Kollurq' pending disposal qf the Writ Pgtition. Counsel for the Pgtilioner : SRI RAPOLU EIIASKAR Counsg! for the Regpon{gntq l'lo.!lp5 : Gl fpR HOME Counsef for the Respondents No.6 i -l The Court Tqde the following; ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 97Ot of 20.25 ORDER: Heard Ms Priya, learned counsel appearing on behalf of learned Counsel for the petitioner on record, learned Government Pleader for Home appearing for the offrcial respondent Nos.1 to 5, 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 the nature of lls involved, this Court is of the view that notice to unofhcial respondent No.6 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though he is arrayed as accused No.3 in Cr.No. 149 of 2025, dt.2O.O3.2O25, registered on the basis of the complaint lodged by the 6ft respondent herein, the respondents-authorities are not following the procedure prescribed under Section 35(3) of BNSS by issuing notice to the petitioner, and thus, the petitioner seeks for a direction to the respondents-authorities to follow the procedure prescribed under BNSS. 2

4. Per cctrttra, Iearned Government Pleader for Hon e appearing for official respondents would submit that the 6th respondent herein hacl approached the respondents-authorities and lodged a complaint against Sagar Kumar Nandi, Thupili Srrniva sulu Reddy, Allampati ilubba Reddy(petilioner herein) and Dayrkar Reddy alleging the,.. having committed cheating.

5. l,earn,:d Government Pleader would further ,.;ubmit that based on the aforesaid complaint lodged by the 6tr respondent herein, tlre rr,rthorilies have registered a case uide Cr.\.o.L49 12025 againsl the p,s156n5 named in the complaint under the provisions of Section )18(4), 316(2) r/w 3(5) of BNS; that th ereafter the authorities rave made a call to the petitioner, r,,,ho is resident of Pandipadu ! illage, A.S.Peta Mandal, Nellore District , to appear before the zruthorities for causing enquiry into ttre aforesaid complaint lc,clged; and that in response to the phone < all made by the authoritr€rs, the petitioner did not choose to appear and instead came up with the present Writ Petition.

6. On the' aforesaid submission being made b1, the learned Government Pleader appearing for respondents, learrred counsel for the petit.oner submits that the petitioner would co,rperate with the investigat-ion into the aforesaid crime registered, i I this Court were to direct the petitioner to appear before the 5th respondent- 3 authority on any day fixed by the Court, and for the said reason, the petitioner prays that authorities may be directed to issue notice under Section 35(3) of BNSS.

7. I have taken note of the aforesaid submissions made.

8. Having regard to the submissions made as above and taking note of the fact that the petitioner has been arrayed as accused No.3 in Cr.No. 14912O25, dt.2o.03.2025, and since the petitioner t I now has assured this Court that he would cooperate with the investigation by appearing before the 56 respondent on any date as may be directed by this Court, this Court is of the view that the petitioner should be directed to approach the 5h respondent- authority on 23.04.2025 at 11.00 a.m. for the said authorit5r to cause enquiry/investigation into the aforesaid crime registered. On the petitioner appearing before the 5ft respondent on the date as indicated above, the respondents-authorities shall serve notice under Section 35(3) of BNSS to the petitioner.

9. Further, on the respondents-authorities serving notice to the petitioner as noted hereinabove, the petitioner shall cooperate with the investigation into the aforesaid crime registered, as may be required by the Stn respondent. 4

10. Subject t o the above observations and directions, the Writ Petition is disr;,rsed of. No order as to costs. 11 Conseq..r:nt1y, miscellaneous petitions, if an5', perding shall stand ciosed I D/.T. TIRUMALA DEVI DEPUTY REGISTRAR ,f VSECTION OFFICER 1 The Principal Secretary,. Homg.Depa(ment, gecretariat Buildirrg, Secretariat, //TRUE COPY// \- I i I I S State of Telangana, Hyderabdd I I / To,

2. The Director Generat of police, Telanga4q State, Hyderabad. 3. The Commissioner of police, CyberabQ(, Cyberabad Commis.qionerate, Hyderabad Comm iss ionerate. Hyderabad District. Commtssionerte Hyderabad District.

4. The Assistant Commissioner of police, Miyapur, Hyderabad 5 Ilg ]?t!q, fiouse,Officer. Koilu1u potica Station, Cyberabad 6. One CC to SRI RAPpLU BHA$KAR, Advocate. toPUCI 7. Two CQs to GP FOR HOME, High Court for the State of Tetangana. [OUTI I Two CD Copies. 9sK t/ qs I I I 1t+E S .f., c' O9 APfi -c:'.'31.^.,.,,:.-1 '''.--:_j _-- HIGH COURT DATED:01 10412025 ( * ORDER WP.t{o.0701 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/z 1Z ? ,/+.2<5