High Court · 2025

Petition Under Article 226 of rhe 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 lVlandamus declaring the action of the respondents herein more particularly the respondent No s 3 herein in not issuing the mandatory notice under Section 41A cr P c to petitioners herein and not following the procedure as contemplated under law and the guidelines issued by the Honourable Supreme court in the case of Arnesh Kumar Vs state of Bihar reported in 2014 B scc273 while investigating the case in FIR No s6t2o2s dt 11lo2t2o2s of Falaknuma I I Police Station Hyderaba<l for alleged offences under Section 316 (2)' :il8(4)' 351 (2), rtw3(5) BNS as highly illegal arbitrary violation of Articlr:s 14 anrl 21 of the Constitution of lndia antl consequently direct the respondents to r;tri:tly adhere the procedure as envisat;ed under Section 41A Cr P C and the gui'jelines laid down by the Honourable Supreme Court in the case of Arnes'l Kurrrar Vs State of Bihar while investigatinE the case by directing the respondents h.rein not to arrest the Petitioners. I.A.NO:1 OF 2025 petition Under Sr:.tion 151 cpc praying that in the circumst,nr)es stated in the affidavit fired in support of the petition, the High coud may br ' pleased to -ro. 3 not to arrest the petitioners without lollowing the direct the respon.ients procedure as contemplated under law and the guidel nes ssJed by- the Honourable Supreme C)ourt in the case of Arnesh Kumar Vs St ate of Bihar reported in 2014 8 SC;(1273 while investigating the case in FIR N I 5612025 dt 11tO212025 of Falaknurna Police Station Hyderabad for al eged of 'ences under Section 316 (2),318(4',351 (2)' r/w 3(5) BNS' Counsel for the Petitioners : SRI MIR AHMED KHAN Counsel for the Respondent Nos'1 to 3 : GP FOR HOME Counsel for the ResPondent No'4 : - The Court made the fr>llowing ORDER t THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA WRIT PETITION No' 1 5,392 of 2o25 ORDER: This writ petition is filed seeking the following prayer:- I I l I I I ".....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus ieclaring the action of the respondents herein more particulJrly the respondcnt No 3 herein in not i"=rirg the mandatory notice under Seclion 41A Cr P C ; petiti.oners herein and not following the p.o."ar." as contemplated under law and tlle 'g,rid"lin." issued by the Honourable Supreme Court of Arnesh Kumar Vs State of Bihar i, ,h" "."" ."port"a rn 2CJ.4 8 SCC273 while investigating the i.t FIR No 5612025 dt lll02l2O25 of "r."" Falaknuma Police Station Hyderabad for alleged offences under Section 316 2 3184 351 2 r'lw 35 BNS as highly illegal arbitrary violation of Articles 14 and i1 - of th. Constitution of India and consequently direct thc respondents to strictly adhere the procedure as envisaged under Sectio::' +ln C. P C and the guidelines laid dor'rm by the Honouratrle Supremc Court in the case of Arnesh Kumar Vs State of Bihar while investigating the case by directing dre respondents herein not to arrcst the petilioners and Pass. . . "

2. Heard Mr.Mir Ahmed Khan, learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondent Nos'1 to 3'

3. During the course of hearing, it is brought to the notice of this Court that the offences lcveiled against the petitioners ar<: punitlrable with zrn imprisonment of icss than seven years' ./ 2 NEIU !v.P No.15392 0f 2025 In vierv ('l the same, without going into the rner-its of the

4. case, this CourL deems it appropriate to direct the Inr estigating Ofhcer to sct'r-rpulousiy follow the procedu re con templated under Sectior 4 1-A of the Criminal Proceclure Code' 1973 (Cr.P.C.)/Sectic,n 35(3) of BNSS and the gui<le1ine:s issued by the Hon'ble Ap,:x Court in Arnesh Kumar Vs Stat'e of Biharr' On such notic: being given, the petitioner/ acc used st all appea-r before the concerned sHo as and when directed. Ttre concerned Investigation officer is directed to permit the petition,:rs to take assistance of the lawyer during the course of investigz tion' It i-s tna,le clear that the petitioners sha-11 cooperate with 5. the Investigating Ofhcer for the investigation z''nd make themselves avif lable to the Investigating Officer eLs and when required and also provide the information/docu ments as sought b!' l.he Investigating Officer to cc n< 'lude the inve stigatr on. If th.e prtitioners fail to cooperate with thc ln r'estigating

6. Officer for inve stigation, the Investigating Officer is a t libert5r to take action agzLinst them in accordaltce with lzr"v. '1zor+1 s scc zz: 3 N8(J W.P. No_rS392 of 2Oz5

7. Subject to disposed of. the above directions, the Writ petition 1S Miscellaneous applications, if petition, shall stand closed. any, pending in this writ S . T.TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER at, State of Telangana //TRUE COPY// To The Principal Secretary, Home Department, Secre at Hyderabad.

2. The Commissioner of Police, Hyderabad, having office at Banjara Hills, Hyderabad.

3. The Station House Officer, Falaknuma Police Station Ranga Reddy District. 4. Two CCs to GP FOR HOME, High Court forthe State of Telangana at Hyderabad. [OUT]

5. One CC to SRI MIR AHIVIED KHAN, Advocate [OPUC] 6. Two CD Copies sA ,. F{- YA.C,\TION COURT 6:i \}A q J o o 02 ,ttjt 2$25 n t -r-t?o t 3E.sr,,rr \=-= HIGH COURT NBK,J DATED:28105t2025 ORDER WP.No.15391l of 2025 DISPOSING OF THE W.P WITHOUT CICSTS. q *Q(4 w-{tr