High Court · 2025

1. Sabhavath.Vijgy_Kugp1, S/o. Shukya, Aged about 34 years, Occ_ Business, Vo, Pl9! No.106, TRB Cotony, Hayattiangar Viilage and.t\Iandal, Rangi Reddy District. 2. Varthyavath Shankar, S/o. Roopsingh, Aged about 36 years, Occ- pvt. Employee, Rl/o H.No.8-7-92, ptot N6.35, Santhoshimatha Cotony, - Hasthinapuram, Ranga Reddy District. S ltgO.Qqrj Srisailam, -S/o. Ir,/ogutaiah, Aged about 31 years, Occ- Driver, Rl/o. H. No. 1 -'1, Mominpet Village, Kesarari Mandal, Vikarabad tjistrici AND ...PETIT|ONERS '1 . The State of Telangana, Represented by its principal Secretary, Home Department, Secretariat Buiidinq, Secreiariat. Hvdbrabad 2. The Director General of Police, Telanqana State, Hvderabad. 3. The Commissioner of Police, Warangal, Warangbl eommissionerate, 4. The Station House Officer, Lingala Ghanpur police Station, Warangal 5. Rangoli Na.idu, S/o Eruku Naidu, Aged about 34 years, Occ- Business, Rl/o. Commissioierate, Warangal Diitrict. Warangal District. H.No.173, Kothavalasa Village, Vizianagaram, Andhra Pradesh State ...RESPONDENTS 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.4 in non- following the provisions of the criminal procedure code Section 41 -A cr. p.c. nor 35 (3) of B.N.S.S and non-following the directions of the, Hon,ble Apex Court in Arnesh Kumar V/s. state of Bihar and trying to arrest the petitioner in crime No.61 of 2025 for the offences under Section 318 (2), 3OB (2), 126 (2),351 (1), riw. 3 (S) of BNS Act on the file of Police station, Lingala Ghanpur is illegal, arbitrary, unconstitutional and violation of Articles 14, 1s,21 and 300-4 of constitution of 7 lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.4 to issue the Notice under Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act by foliowing provisions of the Criminal Procedure Code Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act and follow the directions of the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar in Crime No.61 of 2025 for the offences under Section 318 (2),308 (2), 126 (2),351 (1 ), r/w. 3 (5) of BNS Act on the file of Police Station, Lingala Ghanpur and not to interfere inlo the peaceful life and liberty and not to interfere into civil disputes between the Petitioners and Respondent No.5. 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.4 to issue the Notice under Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act by following provisions of the Criminal Procedure Code Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act and follow the directions of the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar in Crime No.6'1 of 2O25 for the offences under Section 318 (2), 308 (2), 126 (2),351 (1), r/w. 3 (5) of BNS Act on the file of Police Station, Lingala Ghanpur and not to interfere into the peaceful life and liberty and not to interfere into civil disputes between the Petitioners and Respondent No.S pending disposal of the Writ Petition. Counsel for the Petitioners: SRI RAPOLU BHASKAR Counsel forthe Respondent Nos.l TO 4: GP FOR HOME Counsel forthe Respondent No.S: - The Court made the following: ORDER -__--, THE HON'BLE SRI JUSTICE T. VINOD KUMAR W on o.1 11 0 ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and perused the record.

2. Having regard to the manner of disposar of the writ petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficiar respondent No.5 is not necessary for adjudication oF the present Writ petition.

3. Shorn of unnecessary details, the case of the petitioners, in brief, is that though the respondents-authorities, based on the complaint made by the 5th respondent, have registered a case against the petitioners herein, videCrime No.61 of 2025, dt.27.03.2025, for the offences under Section 318(2), 308(2), t26(2), 351(1) read with Section 3(5) of BNS, the authorities are not issuing notices under Section 35(3) of BNSS, even though the said offences are punishable with less than seven years imprisonment, which action of the respondents it is contended as highly illegal, arbitrary and contrary to BNSS.

4. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that on the respondents_ j 2 authorities registering the aforesaid crime against the petitioners herein, on 27.03.2025, on the authorities trying to serve notices under Section 35(3) of BNSS, the petitioners did not receive the same and are absconding

5. Learned Government Pleader further submits that if the petitioners come forward to receive the notices sought to be served by the respondents-authorities, they would serve the same and would conduct investigation into the aforesaid crime.

6. The aforesaid submission made by the learned Government pleader for Home is taken on record. I

7. Having regard to the submissions made as above, and taking note of the fact that the respondents-authorities intend to serve notices on the petitioners under Section 35(3) of BNSS in connection with Crime No.61 of 2025, dt.27.03.2025, this Court is of the view that the petitioners are to be directed to approach the respondents-authorities on or before 14.04.2025 to receive the notices under Section 35(3) of BNSS and provide information/explanation to the said notices and also cooperate with the investigation into the crime registered against them. Upon the petitioners approaching the respondents-authorities and collecting the notices, the respondents-authorities shall conduct investigation into the crime registered strictly in accordance with law. / 3 Subject to above direction, the Writ Petition is disposed of' No B order as to costs

9. Miscellaneous petitions, if any, pending in this writ petition shall //TRUE COPY// SD.K.S REERAMA MURTHY PUTY RE GISTRAR SECTION OFFTCER riat, stand closed. To

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6. 7 PSK. LS Y4- I i 1 l I r I HIGH COURT DATED:0810412025 ORDER WP.No.10311 of 2025 I rf,. 5 14 it :) _) 3 0 APn Z$25 (,) o r: .q I r 4T I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 10 "'Pk[ &"v