The High Court · 2025

Judgment

2. 3 4 5 The State of Telangana, Rep by its Principal Secretary, Home Deparlment The Commissioner, Hyderabad Police Commissionerate, Hyderabad, Telangana The Deputy Commissioner Of Police, North zone, Hyderabad, Telangana The Assistant Commissioner of Police, Begumpet Division, Hyderabad, Telangana The Station House Officer, Bowenpally Police Station, Near New Bowenpally X Roads, Adjacent to Bowenpally Police lanes Hyderabad, Telangana ...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 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.22212024 dated 06.O4.2024 in Police Station Bowenpally, as arbitrary, illegal, u nconstitutio na l, against the principles of Natural Justice and in contravention to the guidelines laid down by the by the Honble Apex Court in the case of Arnesh Kumar v The State of Bihar and consequently direct the respondent No. 5 to issue a notice under section 41A Cr.P Ci35BNS5 to the petitioners herein in accordance with the guidelines issued by the Honble Apex Court in the case of Arnesh Kumar v The State of Bihar. 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 pleased to direct the respondent No.5 to restrain from illegally and arbitrarily summoning the petitioners herein without the issue of the notice under section 41A Cr.P.C/35BNSS in FIR No. 22212024 dated 06.04.2024 in Police Station Bowenpally, without following the due process of law and without following the guidelines laid down by the by the Honble Apex Court in the case of Arnesh Kumar v The State of Bihar, pending the disposal of this writ petition pending disposal of the above writ petition. Counsel for the Petitioner : SRl. MOHAMMED ABDUL WAHAB Counsel for the Respondents: GP FOR HOME W.P.No.10974 OF 2025 Betw ee n: Mohammed Sahahnawaz Qureshi, Sio lVohammed Hussain Qureshi,aged about. 47 years, Occ. Business, R/o. 20-4-395, Himmatpura, Qilwat, Chaarminar. Hyderabad Jubilee ...PETITIONER AND 1 2 4 5 The State of Telangana, Rep by its Principal Secretary, Home Department The Commissioner, Cyberabad Police, Commissionerate, Rangareddy, Telangana The Deputy Commissioner Of Police, Medchal, Ranga Reddy, Telangana The Assistant Commissioner of Police, Medihal, Ranga Reddy, Telangana The Station House Officer, Suraram Police.Station, Ranga reddy, Medchal, Telangana Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may ...RESPONDENTS be pleased to issue a writ or direction more.particularly in the nature of Writ of Mandamus declaiing the action of the lespondent No. 5 in failing to issue a nqtioe under section 35 BNSS (41A Cr.P.C) for their alleged role in Cr. No. 49212024 dated 02.09.2024 in Police Station Suraram, as arbitrary, illegal; unconstitutional, against the principles of Natural Justice and in contravention to the guidelines laid down by the by the Hon'ble Apex Court in the case of Arnesh Kumar v The State of Bihar a.nd,consequently direct the reipondent No.5 to issue a notice under r".iion 41A Cr.p.C/35BNSS to the petitioners herein in accordance with the guidelines issued by the Hon'ble Apex Court in the case of Arnesh Kumar v The State of Bihar. 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.5 to restrain from illegally and arhitrarily. summoning.the petitioners herein"without the.issue of the notice under section 4'tA Cr.P.C/35BNSS in FtR No. 49212024 dated 02.Og.2024 in Police station suraram, without following the due process of law and without following the guidelines laid down by the by the Hon,ble Apex Court in the case of Arnesh Kumar v The State of Bihar, pending the disposal of this Writ petition, pending disposal of the above writ petition. Counsel for the Petitioner : SRt MOHAMMED ABDUL WAHAB Counsel for the Respondents: GP FOR HOME The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition Nos.10973 and 10974 of 2025 COMMON ORDEftr Since the petitloner in both the Writ Petitions is one and the same, they are being disposed of by this common order.

2. Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5 in both the Writ Petitions, and with the consent of the learned counsel appearing for the ; parties, the Writ Petitions are taken up for hearing and disposal at the admission stage,

3. Shorn of unnecessary details, the case of the petitioner in both the Writ Petitions, in.brief, is that though the petitioner has notbeen.arrayed as accused in Cr.No.222 of 2Q24 dt,06.04.2024 registered for the offence under Section 379 IPC as well as Crime No.492 of 2024 dt.O2.Og.2O24 registered for the offence under Section 303(2) of BNS, the respondents- authorities are calling him to the police station and are harassing him thereby, interfering with his personal life and libefty, which action of the respondents-a uthorit es it is contended as highly rllegal and arbitrary,

4. Per contra, iearned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5 while refuting the writ averments, would submit that though the petitioner is not arrayed as accused in Cr.No.222 a of 2024 dt.06.04.2024, however he is arrayed as an accused in Crime N0,492 of 2Q24 dt.02,09.2024 registered for the offences under Section 303(2) of BNS, Sections 5, 6 and 10 of the Andhra Pradesh Prohibltion of Cow Slaughter and Anirnal Preservation Act and Section 1l of the Prevention of Cruelg to Animals Act, 1960,

5. Learned Government Pleader would fufther submit that the respondents are investigating into the aforesaid crime and calling the petitioner to the 5th respondent police station in W.P.N0.10974 of 2025, in order to ascertain his involvement therein. 6; Learned'Government Fleader further submits that the respondents- authorities would follow due process of law including issuance of notice under Section 35(3) of BNSS to the petitioner.

7. The aforesaid submission made by the learned Government Pleader for Home is taken on record. B. In view of the aforesaid submission made, since it is now stated to this Court that the petitioner being arrayed as accused in Crime No.492 of 2024, dt.02.0192024 on the file of the 5s respondent police station in W.P.No.1O974 of 2024, this Couft is of the view that the respondents- authorities .are to be directed to follow due process of law, while investigating and taking further action into the aforesaid crime. ,, i To, 3

9. Subject to above direction, the Writ Petitions are disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. IITRUE COPY'/ ,rrr?9'i'd[tTl[f; SE: CTTON OFFICER Telangana Telangana Hyderabad'

1. The principar secretary, Home Department state of Telangana' 2. The Commissioner' HyOeraUaO Police Commissionerate' 3. The Depuly Commissioner Of Police' North zone' Hyderabad' Telangana 4. The Assistant Commissioner of Police' Begumpet Division' Hyderabad' .l'fi i#:1.[?:'"?fE:il;F,"Xfi 6. The Deputy Cot'i"io"n"'''o"tt' Medchal' Ranga Reddy' Telangana 7, The Assistant Co"'tt'Jner ot potice' Medchal' Ranga Reddy' Telangana 6. The Station *t"" o;;;; t"t"rn Police Station' Ransa reddv' Medchal' 7. One CC to SRI MOHAMMED ABDUL WAHAB' Advocate tOPUCl Hign court tor the state of relansana' louTl 8. Two ccs to GP Two CD CoPies o BSly"'':X33il1i?!;]"iNewBowenParrY 'o-;;; Telangana BSK LS / HIGH COURT DATED:1 110412025 F..+.\ ,s4 ;,? '\ * a) i) O *+ \ F\ i 1"11.t\\ COMMON ORDER WP.Nos.10973 & fi974 ot 2O2S , DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS //< tl /> ;€ 5 ,ztl "/s