High Court · 2025

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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.5 in ...RESPONDENTS non-following the provision6 of the Criminal Procedure Code Section 41-A Cr.P.C.norSection35(3)ofB.N.S.SActinCrimeNo.149of2025forthe offencesunderSection3ls(4),316(2)ofBNS,r/w3(5)ofBNSonthefileof Kolluru police station and trying to arrest the Petitioners is illegal, arbitrary, u nconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.5 to follow the provisions of the criminal Procedure code under section 41-A cr. P.C. nor Section 35 (3) of B.N'S'S Act and directions of the Hon,ble Apex court n Arnesh Kumar V/s. State of Bihar and issue the Notice under Section 41-A Cr.P.C. in Crime No.149 of 2025 on the file of Police Station' Kollu ru. IA NO :1 OE 20 25 petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directtheRespondenti'lo.5tofollowtheprovisionsoftheCriminalProcedure Code under Section 41-A Cr,P C. nor Section 35 (3) of B N S Act and directions of the Hon,ble Apex C.ourt in Arnesh Kumar V/s. State of Bihar and issue the Notice under Section 41-A Cr.P-C. in Crime No 149 of 2025 on the file of Police Station, Kolluru pending disposal of the Writ Petition' COUNSEI fOr thE PCtitiONETS: MS' PRIYA, REP. FOR SRI RAPOLU BHASKAR Counsel for the Respondent No'1 to 5: GP FOR HOME The Court made the following: ORDER J8m" THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. LO7O3 of 2025 ORDER Heard Ms Priya, learned counsel appearing on behalf of learned Counsel for the petitioners on record, learned Government Pleader for Home appearing for the official 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 thc manncr of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofficial respondcnt No.6 is nol- necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioners, in brief, is that though they are arrayed as accused No.2, 4, & 1, respectively, in Cr.No.149 of 2025, d1.2O.O3.2025, registered on the basis of the complaint lodged by the 6tt' respondent herein, the respondents-authoritics are not following the procedure prescribed under Section 35(3) oi BNSS by issuing notice to the petitioners, and thus, seek a direction to the respondents-authorities to follow the procedure prescribed under BNSS. i I I I 2 4 Per t otltra, lcarncd (]overnmcnt pieader lcrr Home appearlng official rr:spondents would submit that the 6rh respondent herein harl approached the respondents_authcrities and lodged a complaint againsl. Sagar Kumar Nandi(3rd pe titioner herein), Thupili Srrrrivasulu Reddv(1 "t petitione r herein), Allampati Subba Reddy, Dar akar Rcd<iy(2,,(j petitioner herein) ard Allampati subba Reddl aller rng rher lraving committcd chearing.

5. Le:rnr.d Gor.ernment pleader would furlher submit that based on :lre aforcsaicl complaint lodgcd by the 6rh respondent herein, the rruthoritics have rcgisterecl a casc utJe Cr.No. l4g/2025 against the ;rersons named in the complaint uncjer the provisions of Sectioir .)18(4), 3J6(2) rlw 3(S) of BNS; that thcreafter the authoritics ltavc made a call to the petitioners and another to appear bc,for.,.rhc:tuthorities for causing cnquiry into the aforesaid complaint lo,lggcj ar.rcl Lhat rn response to thc pltonc call made by the autl'rorir es, thc petittoners did not choose to appear and rnstead cam(. up rvith thc present Writ petition

6. C)n tl- r aforesa id submission being mad,: Government pleader appearing for rcspondents, for the petit.iDners submits that the petitioners with the invt.stigertion into the aforesaid crime rcgistered, if this Court werc. io. direct the petitioners lo appear bcforc the 5e tvould cooperate learned counsel b5' the learned 3 respondent-authority on any day as fixed by the Court, and for the said reason, the petitioners pray 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 thc submissions made as above and taking note of the fact that the petitioners have been arrayed as accused , I in Cr.No.149 12025, dt.2O.O3.2O25, and since the petitioners now have assured this Court lhat they would cooperate with the investigation by appearing bcfore the 5th respondent on any date as may be directed by this Court, this Court is of [he view that the petitioners should be directcd to approach the 5h respondent- authority on 24.04.2025 al 1 1.00 a.m. for the said authority to cause enquiry/ investigation into the aforesaid crime registered. On the petitioncrs appcarrng before the 5th respondent on the date as indicated above, the rcspondents-authorities shall serve notice under Section 35(3) of BNSS to the petitioners.

9. Further, on the respondents authorities serving notice to the pctitioners as noted hereinabove, the petitioners shall cooperate with the investigation into the aforesaid crime registered, as may be required by the 5u' respondent. 4

10. Subject l,r tl-rc above observations and directjons, the Writ Petition is disposed of. No order as to costs. 1 1. Consequr ntly, nrisc:ellancous petitions, if any, pending shall stand closed. SD/-A.V.S. PRASAD To, //TRUE COPY// iiiT:1'"''l*o: u SECTiON OFFTCER 1 The Principar secretarv. Home Department, secretariat Buirding, secretariat, Hyderabad, State of Telangana. The Director General of police, Telangana State, Hyderabad.

3. The Commissioner of Hyderabad. Police, Cyberabad, Cyberaba,l Commissionerate, The Assistarr Commissioner of police, Shadnagar, Cyberabad Commissionerate, Hyderabad District. The Station House Officer, .Kolluru Co m m issio n era te. Hyderabad District. One CC to SRt RAPOLU BHASKAR, Advocate [OPUC] Iys",:3:.i%3fi FoR HOME' Hish court for the State of retansana at Two CD Copies police Station, Cyberabad, Cyberabad 4 A o 7 8 BSR LS & HIGH COURT DATED:1010412025 ORDER WP.No.10703 ot 2025 ( rrE Srer(-- QA (' ;)r 2 C, ,lt * 2 :r APB 2025 t Dta :; pt.TC$g-O DISPOSING OF THE WRIT PETITION, WITHOUT COSTS otq't *o 93 + 1.{^