1 . Laxmi Shyam Sundari v. 1. The State of Telangana

Petition under Article 226 ot 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, Order or Direction more particularly one in the nature of writ of Mandamus. i) to decrare the action of the respondent porice in repeatedry calling the petitioners to the fou(h respondent porice station neither for the purpose of investigation in cr. No.346 of 2e24 nor any other reason, even inspite of issuing notices under sec.4l-A of the code of crim inar procedure on 26 '09.2024 and even inspite of they fufly comprying with the c.nditions imposed in the said notice, as iilegar, arbitrary and unjust apart from being viorative of principles of naturar justice and against the mandatory provisi.ns of the Bharatiya Nagarik suraksha sanhita, 2023 and ii) to consequenfly direct the respondent police to conduct fair investigation by not carting the petitioners repeatedry to the fourth respondent porice station or to threaten them of arrest in crime No.346 of 2024 o'f the fourth respondent police Station and iii) to pass lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may tre preased to direct the respondent porice authorities not to harass the petitioners by way of repeatedry calling them to the porice station and.by threatening to arrest ilrem in cr. No. 346 of 2024 of fourth respondent police Station. Counsel for the petitioners: M/S JURISLIT LAW LLp Counsel for the Respondent Nos.l to 4: Gp FOR HOME Counsel for the Respondent No.S:__ The Court made the following: ORDER i THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No'13033 of 2025 ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos'l 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 /ts involved, this Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ P-etition.

3. The case of the petitioners, in brief, is that the respondents- authorities are repeatedly calling the petitioners to the police station in the name of investigation into Crime No.346 of 2024, even though they have complied with the notice dt.26.09.2024, issued under Section 41-A Cr'P'C', which action of the respondents it is contended as highly illegal and arbitrary.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4, whiie denying the writ averments, would submit that the aforesaid crime was registered against the petitioners herein initially under the provisions of Section 324 IPC and based on the 2 Medical Report, the respondenb-authorities have fired an apprication dt.29.03.2025 videsRNo.L727 of 2025, before the c.ncerned Magistrate seeking for alteration of the charge from section 324 rpc to section 326 IPC,

5. Learned Government pleader further submits l.hat the petitioners knowing that the respondents-authorities have fired the aforesaid alteration memo before the concerned court have invented the ground of the respondents-authorities calling the petitioners to the police station and harassing them to approach this Court.

6. Learned Government pleader further submits that on the concerned court according permission for alteration of the charge in crime No.346 of 2024, the authorities would bke further action in accorclance with law.

7. The aforesaid submission made by the learned Government pleader for Home appearing for respondent Nos.1 to 4 is placed on record.

8. In view of the submissions made as above, and taking note of the fact that though the authorities have registered the above mentioned crime under Section 324 IpC and the authorities having filed petition before the concerned Magistrate seeking alteration of the aforesaid provision under which the petitioners have been charged in the aforesaid crime, this Court is of the view that the respondents-authorities are to be directed to conduct investigation into the aforesaid crime upon, the l 3 concerned Magistrate granting permission to alter the charge, strictly in accordance with law.

9. Subject to above observation and 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/.N.RAJGOPAL D PUTY REGISTRAR SECTION OFFTCER To, bedkar Secretariat bad, The aranga Police' Buitdings' Sa Commissione rate Tetang IP Hana ana, HYdera olice Comm mkonda,

1. The PrinciPal Secretary, Home DePartm ent, Dr. BR State of 2. The Commissioner of Police,W ner of Assistant Commt 3. The Subedari Potice Station' Subedan, Hanumakonda 4. The Station House Officer' 5 One CC to M/s Juri 6. Two CCsto GP for Hvderabad touTl 7. Two CD Coples slit Law LLP, Advo Home, High Court i,it t"oS,YB' rerangana' at rate, Warangal' gal Police issione Waran District TJ LS@) llI I HIGH COURT DATED:2910412025 ORDER WP.No.13033 of 2025 ScI Boe o o 2 t .tutl 2112c 'l t o o".7,-1wt'' ) --:_.ar---- DISPOSING OF THE WRIT PETITION WITHOUT COSTS