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 direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of thei respondents in threatening the petitioners to arrest the petitioners in Crime No. 112 of 2025 on the file of Police station, Narayankhed P.S. Sanga Reddy district registered Under Sections 115(2) BNS 3(1X|(s) 3(2)(va) SC ST POA Act. if the petitioners do not settle the subject land 800 Sq.yards in Sy.No.2211 situated at Narayankhed village and Mandal, Medak district is illegal, arbitrary, and Article 21 of the Constitution of lndia and violation to the Law laid down by the Honourable Supreme Court in a case i.e. Arnesh Kunrar Vs. state of Bihar at the behest of the 5 -r respondent as illegal, arbitrary conserquently direct the respondents 2 to 4 lo follovv the guidelines laid down in the Judgment Arnesh Kumar Vs. State of Bihar of the Hon,ble Supreme Court of ln,lia by issuing notice under Section 35(3) of BlrlSS. lA NO: 1 OF 2025 Petition under liection 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 respondents 2 tc 4 not to take coercive steps arrest against the petitioners in Crime No. 1'12 of 2025 on the file of Police station, Narayankh _.d p.S. Sanga Reddy districr. distric registered Under Sections Under Sections ,l 15(2) BNS 3(1) (rXs) 3(2) (va ) SC S1 POA Act pending disposat of the Writ petition Counsel for the Petitioners: SRI A.PRABHAKAR RAO Counsel forthe Resoondent Nos.1 TO 4: AGp FOR HOME Counsel for the Resoondent No.5: - The Court made the following: ORDER I I I l THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.15OO6 OF 2o25 ORDER: This writ petition is filed seeking the following relief " .-. to issue an appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in threatening the petitioners to arrest the petitioners in Crime No.112 of 2025 on the hle of the Police Station, Naryankhed Police Station, Sanga Reddy District, registered under Sections 115 (2f of BNS 3(l)(r)(s) 3(2)(va) SC/ST (POA) Act. If the petitioners do not settle the subject and 800 square yards in Sy.No.22/ 1 situated at Narayankhed village and mandal, Medak District is itlegal, arbitrary and Article 21 of the Constitution of India and violation to the Law laid down by the Hon'ble Supreme Court in a case i.e. Arnesh Kumar vs State of Bihar at the behest of the Sft respondent as illegal, arbitrary, consequently direct the respondent Nos.2 to 4 to follow the guidelines laid down in the Judgment Arnesh Kumar vs State of Bihar of the Hon'ble Supreme Court of tndia by issuing notice under Section 35(3) ofBNSS and pass.... .."

2. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners/ accused Nos. 1 to 3 and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. During the course of hearing, it is brought to the notice of this Court that the offences leveled against the petitioners are punishable with an imprisonment of less than seven years'

4. In view of the same, without going into the merits of the case, this Court deems it appropriate to direct the petitioners to appear before the Investigation Officer on or before 15'05 2025' On such appearance of the petitioners, the Investigation Ofhcer is directed to scrupulously follow the procedure contemplated under \ \ 2 Section 4 1-,\ of the Criminal procedure Cod :, 1973 (Cr.P.C.)/Sectrc,n 35(3) of BNSS and the guidelines issu,:d by rhe Apex Court in Arnesh Kumar Vs. State of Biharr. 5- 11 is marl: clear that the pe titioners/ accused shall :;ooperate with the Investigation Ofhcer for the investigation and make themselves av:rilable to him as and when required and alsr provide the infcrrnatior /documents as sought by him to con( lucle the rnvestlgittloll

6. If the 1tr:titioners/ accused fails to cooperate r,,.ith the Investigrttio, olrlcer for investigation, the Investigation oflicer is at liberty to take ;,i:tion against them in accordance u.ith lau,. 7 Subject t,r the above directions, the Writ pctition is,li5p6s.6 of. No costs As a sequr-'I, miscellaneous petitions, pending if an,,, stand closcd (2014) I SCc 273 //TRUE COPY// SD/..A.PRATHIMA DEPUW REGISTRAR SECTIONOFFICER Hvderabad. St; te of Telanqana 1 . The Principal Secretary, Home Department T S Secretariat Bui'Cings' , rt; sfi;;;i";;;;idt poiice, Sansa Reddv district sansa.Redlv 5. iii;6;ilil brJ"intenaent, Narav-ankhed Sansa Reddv dist'ict ;. iii; si-;ii"; noLie onicei, r.laraiahkhed p.S. Narayankhed Sa,sa Reddy s. 6nl cc; to SRI A.PRABHAKAR RAo, Advocatelgqucl- 6. i;; dci.io cr; ion noMe, High Court for the state of Telant rana' at District Hyderabad. [Cl.lT] Two CD CoPier; To 7 PSK. GJP CC TODAY HIGH COURT DATED:07105t2025 I l l I \ Ec5 .t-,-* \- \ ^i \ \,\ v + ,,] ..) .,S ORDER WP.No.15006 of 2025 a DISPOSING OF THE WRIT PETITION WITHOUT COSTS /a ,/A9,./'/ ,/ "fk I //