Virigineni Prasad v. State of 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 be pleased to issue a Writ of Mandamus, or any other appropriate writ, order, or direction to the respondents more particularly the respondenl no.2 and its subordinates in calling the petitioners to the police station, directly interfering with life and personal liberty of the petitioner under the guise of registration of FIR No. 914t2025 (PS Gachibowli dated 06-05-2025)., is illegal, arbitrary, unjust, u nconstitutional, violation of principles of natural iustice, and violative of Article 14, 21 and 300-4 of The Constitution of lndia. 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 pass such directions as the Hon'ble Court deem fit, directing the respondents more particularly the respondent no.2 and subordinates to not arrest the petitioners, and not to interfering rvith life and personal liberty of the petitioner -rnder the guise of registration of Flll No. 91412025 (PS Gachibowli dated 06-05-202t;)., and to fotlow the principle laid in Siddharth (Supra). Counsel for the Petitioner: SRI KHAJA VIZARATH ALl, REPRESENTTNG SRI SYED YOUSUF Counsel for the Respondents: SRI R. LAXMIKANTH REDDY, AGP FOR HOME The Court made the following: ORDER ,o THE HON'BLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.15124 ol2025 ORDER: This writ petition is filed seeking the following relief: "For the reasons stated in tJ e accompanying a-ffidavit, it is therefore prayed that this Honble court may be pleased to issue a Writ of Maldamus, or any other appropriate writ, order, or direction to t}le respondents more particularly the respondent No.2 and its subordinates in calling the petitioners to tlle police station, directly interfering with life and personal liberty of the petitioner under the guise of regrstration of FIR No.9l4 /2025 (PS Gachibowli dated O6-O5-2025), is illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice, and violative of Article 14, 21 and 3O0-A of the Constitution of India, and to pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of tl.e case and in the interest of justice."

2. Heard Sri Khaja Yizaratl'r Ali, learned counsel representing Sri Syed Yousuf, learned counsel for the petitioner and Sri R. Laxmikanth Reddy, learned Assistant Government Pleader for Home Departmen t, appearing on behalf of the respondents 2

3. With the consent of the learned counsel lbr the parties;, the ,rrit petition is disposed of at the st-age of admission 4 . L,earnerl counsel for the petitioner submits that the petitioner is rot arrayed as an accused in Crime No,914 of 2025, u.hich was registered for the offences punrshable under SectiorLs 319(2), 140(3), 308(5), 118(1) and t:l(2) of the Bharati.ra Nyaya Sanhita, 2023 (BNS). However, respondent |I,r.2 is calling upon the petitioner to thr, police statior. undr:r' the guise of registration of the :rfr;resaid crime. Eve-r according to the a-llegations made in the complzrint, ttu: ingredients of Section 308(5) of BNS irre not attracted against the petitioner. The other offences levelled in the complajnt are punishable with an imprisonnrent of less than seven years. However, the petitioner is ready and willing to ccoperate with the investigation. Resp,tndgnl No.2, with ,rn oblique motive, to avoid the prccedure contemplatecl under Section 35(3) of the Bharatiya l.lagarik Suraksha Sanhita, 2023 (BNSS), arrd the guirlelines formulated by the Apex Court in Arnesh Kumar v, State i I I I I I I 'a J of Biharr, included the offence under Section 30g(5) of BNS.

5. Learned Assistant Government pleader for Home Department appearing for the respondents submits that the investigation is under progress arrd during the course of investigation, it reveals whether the petitioner,s role is there in the crime or not. At this stage, the petitioner is not entifled to the relief sought for in the writ petition.

6. Having considered the rival submissions made by the respective parties and after perusa-l of the material available on record, it reveals that basing on the complaint lodged by one Sri ponnaganti Sudhakar, Crime No.9l4 /2025 was registered on the frle of Gachibowli police Station on 06.05.2025 for the offences under Sections 3t9(2),140(3), 308(5), 118(1) and 6t(2) of BNS. rn the said crime, the petitioner was not arrayed as an accused as on today. Even about tJle allegations, the specific contention raised by the learned counsel for the petilioner is that the 1(2014) 8 SCC 273 !, 4 ingredients ueder Section 308(5) of BNS are not at tracted against the p,6:fi1i6n.t.

7. 1'aking into consideration the facts arrd circurnstancr: s of the case, this Court deems it appropriate to direct the petitioner to appear before the Invesl.igation Oflrcer on or l>efore 2O.O5.2O25. On such appearanc,:: of the petitioner, tire Investigation Ofhcer is direct.ed to scruptrlousll follow the procedure contemplated under Section 4l - lr of the Code of Criminal Pro,::edure, 1973/Section 35(3) of BNSS ald the guidelines issued by the Apex Coru-t in Arnesh Kumar (supra)

8. It is mzrde clear that the petitioner shall co,rperate with the In',r,:stigation Officer for the investigation ald make himself available to the Investigation Olhcer as and when required ald also provide the information/ documents as so:-rght by him to conclude the investillation 9 . If the petitioner fails to cooperate u-it h the Investigation Officer for investigation, the lnvesligation I i 5 Officer is at liberty to take action against him 1n accordance with Iaw.

10. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stald closed. //TRUE CoPY// nssrsre?tD/n?8f.TJ[A -___ J_0,^__.^__ sEcngryoFFrcER Hyderabad. 1 . The Principal Secretary, Home Department, Secretariat, State of Telangana, 2. The Station House Officer, Police Station Gachibowli, Cyberabad. 3. One CC to Sri Syed Yousuf, Advocate [OPUQI 4. Two CCs to GP ior Home, High Court for the State of Telangana' at Hyderabad [OUT]

5. Two CD Copies TJ To, \ r:i:.'l:i. -':al HIGH COLIRT VACATION COURT JSRJ DATED:1410512025 ORDER WP.No.15124 of 2025 :. ( -i .s ..: it ' ,L\ \- ;)" tl : '/ ^: /,'o' , ' r.r- l,- ', t-. a\ .: \i,)i ;: /! : -: ,,1 ,. DISPOSING OF THE WRIT PETITION WITHOUT COSTS G)qu 6,r-.- -;-a\.\'r