High Court · 2025

Katragadda Murali Krishna -S_/9.Sri Usha Katragadda, Aged about 52 vears. occ Business, Fi./o Ftailrto'626 a aii, i i,E''3:E:ddhir,'ffi"ffi;il; ilt:U; Colony, Kukatpally, Hyderabad AND ...PETITIONER 1 . The State of Telanoana .represented by the principal Secretary, Home Department, Dr. B."R Ambeal<ar t;6;;;; s"iilr"i5iirit, nvoE;b;;,'," 2. The Deputy Commissioner of police, Central Crime Station, CCS DD, Hyderabad

3. The lnspector of police, Central Crime Station, CCS, DD Hyderabad 4. The Sub-lnspector of police, Central Crime Station, CCS, DD Hyderabad '$ff ffe$:W:','i!'1:1qe?ify,ill,.Sl"ff ifl'f ,-18",:,".i%t",i8"ffi", Yellareddyguda, Hyderabad ...RESPONDENTS Petition under^ Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High colrt ina"y o" pr"r."o to issue a writ order or direction writ, order or direction more in the nature of a writ -inai of Mandamus decraring the action of respondents more particuiarry respondents 2 ro 4 in not folowing the procedure contemprated under section 35 (3) BNSS and section 41A of the oro code, foilowed by the Judgment of Honorabre supreme court in case of Arnesh Kumar ArR 20i4 supREME couRT 2756 pensively engaging to arrest the petitioner whire returning to rndia in reration L a false complaint vide FrR No 62t2o2s on the fire or Cro respondent for the offences under sections 318 (4), 336 (3), 340, R/w Section 61 (i) ot ef.tS, ,pp""ii"g t" -respondent 'tiiorghit coerce the petitioner for setfling private scores with 5th offences are of no penar consequence than 7 years and less than 7 years as being " ill-e_gal, arbitrary, unconstitutional, apart from being violative of Articles lg, zi ina 300A of the Constitution, principles of Natural Jusiice, Fair play rnO uqr"tn".., ,, per law --7 IA NO: 1 OF 2025 Petition untier Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, tft" Hlgft Court may be ple'ased to direct |.".ponO"nt, 2 to 4 not to inJulge'in any coerciv6^steps against the petitioner and scrupulously follorry tht: ptoC"Au"r" undei section 35 (3) BNSS and s;ection 41A of the old code, in terms; of the Judgment of Honorabie Supreme Oor'rrt in case of Arnesh Kumar reported as AtR ZO'i + supREME COURT 2756 in cr.rnnection with tn" lrf." complaint vide FIR No 6212025 on the frie of 3rd resp.ndent for the offun"". undei sectiorrs 318 (4), 336 (3)' 340, R/w Section 61 (2) of BNS pending the disposal of the writ Petition Counsel forthe Fetitioner: SRl. IMMANI RAMA RAO Counsel for the Flespondent Nos.1 to 4: AGP FOR HOME Counsel for the Flespondent No.5: '- The Court made the following: ORDER THE HON'BLE SRIJUSTICE J. SREENTVAS RAO WRITPETIT ION No.15203 of2025 ORDER: This writ petition is filed for the following relief: '1o issue Writ order or direction more one in the nature of Writ of Manlamus, declaring the action of respondents more particularly that of respondents 2 to + in not following the procedure contemplated under section 35 3 BNSS an,l se"ction 4lA of the old code followed by the Judgment of Honorable Supreme Court in case of Amesh kumar AIR 2014 SUPREME COURT 2756 pensively engaging to arrest the petitioner while retuming to India ir, ."lut[, b a false complaint vide FIR No 62/2025 on the file of 3rd respondent for the offences under sections 318(4), 336(3) ana :+O Rlw Section 6l(2) of BNS appearing to coerce the petitioner for settling private scores with 5th respondent though thc offences areof no pelal consequence than 7 years and leis than 7 years T .b"i"g illegal arbitrary unconstitutional apart from being violative of Articles 19, 2l and 300.4 of ihe Constitution principles of Natural Justice Fair play and equalness as per law."

2. Heard Sri Rama Rao Immani, leamed counsel for the petitioner and the leamed Assistant Govemment pleader for Home appearing on behalf of respondent Nos.l to 4. 3 . During the course of hearing, leamed counsel for the petitioner submitted that as the punishment prescribed for the offences alleged against the petitioner is less than seven years, the Investigating Officer may be directed to follow the procedure laid down under Section 4l_A -.t I i ofCr.P.C.arLdal;otheguidelinesformulatedbytheFlon'bleliupreme Court in Arn,zsh Kumar v. State of Bihart '

4. Leamt:d Ar;sistant Government Pleader for home had not opposed the same.

5. ln vie'r, of the same, without going into the merils of ttre ':rase, Court deems it aopropriate to direct the petitioner to appear b':fore the Investigating OIficer on or before 09.06.2025. On such appearar'ce of the petitioner, th,: lnr estigating Offrcer is directed to scrupulousllr firllow the procedure contentplated under Section 4l-A of the Criminal F'rocedure Code, 1973 (Cr.l',C.)/Section 35(3) of BNSS and the guidelines issued by the Apex Coul in Arnesh Kumar vs. State of Bihal'

6. lt is made clear that the petitioner shall cooperale with the lnvestigatinel olficer for the investigation and make himself available to him as and vrhen required and also provide the information/documents as sought by him to conclude the investigation.

7. If thc petitioner fails to cooperate with the investigating Officer for investigation. the lnvestigating Officer is at liberty to take action against him in accordance with law. I (2014) 9 scc273 'z (2014) 8 scc 2x b-- 8 With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed. To, \ //TRUE COPYII SD/.P. GOW RI SHANKAR DEPUry REG SECTION OFFICER The Principal Secretary, Home Department, Dr Secreteriait, Hyderabail' Ambedkar Telangana Hyderabacl

2. The Deputy Commissioner of police, Central Crime Station, CCS DD, 3, The lnspector of police, Central Crime Station, CCS, DD Hyderabad 4. The Sub-lnspector of police, Central Crime Station, CCS, DD Hyderabad 5. One CC to SRt. ilUMANENt RAMA RAO Advocate tOpUCl 6. Two CCs to Gp FOR HOME ,High Court for the State of Tetangana. [OUT] Two CD Copies 7 KKS BS w-- VACA'TION COURT HIGH COURT DATED:21 10512025 ORDER WP.No.15203 of 2025 .1.- '1ct ?u' S i ./i 23 l,l\Y zffi r- \\,ti;;t + -) c,) .1 .i DISPOSING THE WRIT PETITION WTTHOUT COSTS 1 \f' d,* ,\,