Mohammed Sahahnawaz Qureshi v. 1. The State of.Telangana

Petition under Article 226 ol 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 or direction more particularly in the nature of writ of Mandamus declaring the action of the respondent No. 5 in failing to issue a notice under section 41A Cr.P.C. for their alleged role in cr. No. 19012024 dated 23.05.2024 in Police Station Musheerabad, as arbitrary, illegal, unconstitutional and against the principles of Natural Justice and consequently direct the respondent No.5 to issue a notice under section 4'lA Cr.P.C/35BNSS to the petitioners. tA 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. 5 to restrain from iregary and arbitrarily summoning the petitioners herein without the issue of the notice under section 41A cr'p c/35BNSS in FrR No. 19012024 dated 23.05.2 024 in porice station Musheerabad, without following the due process of law, pending the disposal of this writ petition. Counsel for the petitioner : SRI MOHAMMED ABDUL WAHAB Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER I THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P,No. 1006 5 of 2025 ORDER: I . Ftreard learned I cOUnseI . fcir r the-. petitioner, learned Government..Pieade.r for Home appearing for the, official reSpondent Nos. 1 to 5, and with the consent of the learned c.gunsel appearing for the respective parties, the writ petition is taken up for. hearing and disposal at admission stage

2. Shorn of unnecessary details, the case of the pctitioner. in brief. is that the 5rl, respondent ri hrle irtr-estig:rting into lhc r.r.rsc regrstered against unknou'n persons ulrje Cr No lgO/,202.1. dt.23.O5,2O24, is calling the perriLio.cr to the polrce sLaiiolt ailcgir-re his role in the aforesarcl crin'ie, u,iLhout issuing anv notjce r.rnclr:r Section 4lA ol Cr.P.C./35(3) ol BNSS, u.hich acrior.r of rir<: responclents it is contendecl as hrghl-r'illegal and arbitran..

3. Per contra, learned Government pleader lor Home appearing for official respondents would submit that the petitioner was involved earlier in two cases uide Cr .No.222 / 2024 on the file of Bowenpally Police .Station and Cr.No..492 /2O24. on the file of Suraram Polic€ Station; .and that when . the petitioner was Apprehended in connection with the aforesaid crimes and while being taken to produce him before the concerned Magistrate 2 se e kilrq r('ll1illl.i. pctitioncl ci;,rirnrrlg Lo bc lLnirr:ll lr:Lnted to lronrr'. lr" r.LlrrrrL ttrrkiltg to itpll( rrr belore thc autl-totilies on heI following dar,', but, did not turn Llp

4. Learned Government Pleader further submits that on the re spondents-authorities registering the case uide Cr'No 19012024' dt.23.O5.2O24, against unknown persons, during the course investigation have found the involvement of the petitioner in ihe said crime; that in order to cause investigation into the aforesaid crime, the authorities have called the petitioner to the police station; ancl that the petitioner instead of appearing before the authoritics art<1 cooperating u'ith the enquiry'/ investigation into the . aloresaid crimc registered, has fiied the present Writ Petition' Learnecl Clovernment Pieader furtl-rer submits that as of date 5. 11r,.- pctitionr, r- htts nol bcen ttrt:tl'r:d as accust'cl in the aforesaid c:'irnr i'('gisirlt'til, llncl that lhe :lulhortties uould lollorr due process ol' lari ,,r:rl,-' irrvestigating iilto the crimc relilsterccl uide Cr.No. loA l 2A )a

7. t have taken note of the respective submissions made' In view of the sublnissions made as above and since, it is ,stated befofe this Court by the leirned Government Pleader of the petitioner not being arrayed as an, accused in Cl'No' 19012424 3 as of date, this Court is of the view that the respondents- authorities are to be directed to follow due process of 1aw including considering for issuance of notice under Section 41-A of Cr.p.C. i 3s(3) ofBNSS.

8. insolar as thc inr,olr,emcnt o1' the pc:titionct. ln r)tltcr Lnlrcs as rlotcd hercirt:rltoi e .r1.a COaaf r.,(r(1, sirrcc, t_hc, pt,tiliaat:;. ctn bcrng apprehendcd and berfore beinq pr-oduced belorc the conccrnr:d Magistrate, having soughr to go home on rhe grounci oi jll-hcailth, undertaking to appear beiore rhe authorities on the follor-ing dav, and having lailed to appear befor-e the authorities on the following day, this Court is of the vieu, that lhe responden ts-authorities are ,, 1 to be directed to take further action, strictly in accordance with law.

9. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs. 10 Consequently, miscellaneous petitions, if any, pending shall stand closed. ,TRUE COPY' S D/-K.AIV] M AJ I DEPUTY REGISTRAR SECTION OFFICER To, 1 2 J 4 5 b 7 o The Principal Secretary, Home Department State of Telangana The Commissioner, Cyberabad Police Com missionerate, Hyderabad, Telangana The Deputy Commissioner Of Police, Central zone, Hyderabad, Telangana The Assistant Commissioner of Police, Chikkadpally Division, Hyderabad' Telangana The Station House Officer, Musheerabad Police Station, Near N'4usheerabad X Roads, Hyderabad, Telangana One CC to SRI IUOHAMI/ED ABDUL WAHAB, Advocate. IOPUC] Two CCs to GP FOR HOlr/E, High Court for the State of Telangana. [OUT] Two CD Copies. BSK LS / HIGH COURT DATED:0410412025 ORDER WP.No.10065 of 2025 ,,:. C) .? , (-\ oY =$ s* \ tjl)iti * ; DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,// 4t oZ</ /e ,Zt i