High Court · 2025

Judgment

2. J.

5. The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad. The Director General of Police, Telangana State, Hyderabad. The Superintendent of Police, Mahabubabad, Mahabubabad District. The Statlon House Officer, Nellikuduru Police Station, Nellikuduru Mandal, Mahabubabad District. Jatoth Valu, S/o. Pulsingh, Aged about 40 Years, Occ. Agriculture, Ri,/o. Merajpally Village, P.G.Thanda, Nellikuduru Mandal, Mahabubabad District.

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 ...RESPONDENTS 7 pleased to issue z r i nature of Writ of lVa following the provls ic 35 (3) of B.N.S.S ar Arnesh Kumar \//s . S of 2023 for the cfle Station, Nellikudulr i 15,21 and 300-4 of Justice and conse(lL Section 41-A Cr.F.,l) the Criminal Procetll Act and follow the dir of Bihar in Crime lr o on the file of Polir;r: poropriate writ, order or direction more panict.larly one in the rrjamus declaring the action of the Responde rt No.4 in non- .s of the Criminal Procedure Code Sectior 4'l-A Cr.P.C. nor rl non-following the directions of the Hon'cle Apex Court in ate of Bihar and trying to arrest the Petitior er in Crime No.31 r':es under Section 324 rlw. 34 l.P.C. on th': file of Police , illegal, arbitrary, unconstitutional and violatio'r of Articles '14, )onstitution of lndia and also violation of Princ iples of Natural : ntly direct the Respondent No.4 to issue th = ror Section 35 (3) of B.N.S.S. Act by followirg provisions of ',:: Code Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Notice under >ctions of the Hon'ble Apex Court in Arnesl- Kitmar V/s. State i:t1 of 2023 for the offences under Section 32'1 rlw.34 l.P.C. itation, Nellikuduru and not to interfere into tre peaceful Iife and liberty of the [)e litioners and not to interfere into civil disputr,s between the Petitioners and Res,p rrdent No.5. lA NO: 1 OF 2025 Petition underr :iection 151 CPC praying that in the circunrstilnces stated in the affidavit filed irt st the Respondent Nlc.u 35 (3) of B.N.S.S. I Section 41-A Cr.F.,l of the Hon'ble Apr-':< 2023 for the offen:,:i Nellikuduru and n;' I and not to interferr: pport of the petition, the High Court may bt: pleased to direct to issue the Notice under Section 41-A ra'P C. nor Section ot by following provisions of the Criminal P'ocedure Code 'ror Section 35 (3) of B.N.S.S. Act and follovr the directions )ourt in Arnesh Kumar V/s. State of Bihar n ,:lrime No.31 of lnder Section 324 rlw.34 l.P.C. on the file of Police Station, > interfere into the peaceful life and liberty of the Petitioners nto civil disputes between the Petitioners arrd Respondent No.5 pending dispcsi I of the Writ Petition. Counsel for the Petil oners: SRI RAPOLU BHASKAR Counsel for the Resl ,ondent Nos.1 to 4: GP FOR HOME Counsel forthe Resl ondent No.5:-- The Court made the 'ollowing: ORDER /'.1 - ORDER: THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.10605 of 2025 Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficial 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 have registered a case, vide Crime No.31 of 2023 dt.25.02.2023 for the offence under Section 324 read with 34 IPC, which is punishable with less than seven years imprisonment, the respondents-authorities are not following the procedure prescribed under Section 41-A Cr.P.C. and are trying to arrest the petitioners in relation to the aforesaid crime, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

4. Per contra, Iearned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that though initially a crime I 2 was registor e under Section 324 read with 34 IP(-, tie aforesaid provision u n(le ' ,/vhich the petitioners herein were chargerd w th has been altered sub:;(r(l ri:ntly to Section 326 of IPC based on MLC d1 .21i.02.2023.

5. Learrte,j Government Pleader further submits that since the provision of J P . ,rnder which the petitioners are charqed has reen altered to 326 IPC, urh ch is punishable with imprisonment for life o- inrprisonment up to 10 years and as such, the petitioners are not entitl€,d :o be issued with notice .t r( :,r Section 41-A Cr.P.C.

6. Learr e,d (Sovernment Pleader would further s.ltrm t that the authorities arr conducting investigation into the afo'esairj crime in accordance ,r it r law.

7. I hav: t; l:r:n note of the respective contentions urgec . B. T66ur7lr No.31 of :20 2l tf-e petitioners had claimed of being accuse,d in Crime f 25.02.2023 registered for the offence under Section 324 read with 3z: tF ., having regard to the fact that the provisicn rrnder which petitioner has t e,r:n charged with having been altered to Siection 326 IpC, the petition€r; rr-' not entitled to be issued with notice under Section 41-A Cr.P.C., as bein 7 claimed by them. Since, the petitioners aro n()w charged with offence pL r shable under Section 326 read with 34 IIr(1, tris Court is of the view ll^ar lhe respondents are to be directed to investig,rte into the aforesaid crirne :nd take action in accordance with law. ) 3

9. Subject to above direction, the Writ petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. /ITRUE COPY// SD/-T, JAYASREE DEPUTY REGISTRAR SECTION OFFICER To, iat B uilding, Secretariat' The State of Telang ana, Hvd erabad

1. The PrinciP al Secretary, Home DePartment, Sec 2. The Director Genera I of Police , Telang ana State, HYd erabad. 3. The SuPerintendent of Police, Mahabubabad, Mahabu babad District. 4. The Station House Officer, Nellikuduru Police Station' Nellikuduru Mandal, 5.one CC to Sri RaPolu Bhaskar, Advocate IOPUCI b Two CCs to GP for Home, High Court for the State of Telangana, at Mahabubabad District. Hvd erabad tourl Two CD CoPies 7 TJ LS ?fl- t \ HIGH GOURT DATED:0910,4'2025 ORDER WP.No.1060li of 2025 ::=\ [ 5l t,lii '{ O r: i. 2 \ /,. t,:: /' f ,'1 [tr \2. DISPOSING If F THE WRIT PETITION WITHOUT CO:'}TS * { Li- DU