MirShujathAliKhan,Slo.MilTilaw-ath-Ali.Khanaoedabout2 v. Counsel forthe
Case at a glance
Outcome
Disposed of
petition is disposed of at the stage of admission itself'
Provisions considered
Key paragraphs
- Para 44. in view of the submissions made b.v the both sides, the u.rit cetition is disposed of directing rhr: respondent No.2-Station House Officer to issue notice to the petitioner under llection 4l-A of IpC/Section 35 (3) of BI{SS, 2023 in connectiorr with Crime No.2gO of…
Judgment
Cause title
Petition under Article 226 of the constitution of lndia praying that in the circumsiances stated in the affidavit filed therewith, the High egurt may be oleased to Dass Such directions as the Hon, ble Court deem fit, direqting .thq i;;;;;;""1.';"re particularly the Respon(ent no'2 and suberdiqqtes to nqt lg '--'t" f guise of *ii'n- tife' and personal liberty of the petitioner !'rnder the reoistration of FIR no. 21dt2024., and further to follow the prinqiple laid in Arnesh kr"mar Vs The State of Bihar., in the event of need for an investigation . A O::l OF o25 PetitiqnunderSectionl5lcPCprayingthatinthecircumstancesstatedin trre affiOa;it fiLJ in .rpportot the petition, it" Hign Court may be pleased.to pass iuifr atections as the' Hon'ble Cburt deem fit, directing the respondents. motq prlitrrrrrv t-nineiponoent no.2 an! subordinates.to not to interfering with life and bersonal libertv of the petitioner under the guise of registratiori _of FIR no, iaiinl.+ .-i^i'further to iolow the principte taid in Arnesh Kumar Vs The statq of pi1ar., in the gvent of need for an investigation Counsel for the Petiti, rner: SRl. SYED YOUSUF Counsel for the Respondents: GP FOR HOME The Court made the frrllowing:
ORDER :..
Operative part
t. a.: THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.15458 of2o25 ORDER: Heard Learned Counsel appearing for the petitioner, learned Government Pleader for Home' appearing for the respondents. With the consent of the both sides, the writ petition is disposed of at the stage of admission itself'
Learned' counsel for the petitioner submits that the petitioner is the brother of the accused No'6 in Crime No.28O of 2024 on the file of Chaderghat Police Station, Hyderabad District dated 28.08.2024 registered for the offences under Sections 305, 338, 340(2),319(21r/w 3(5) of Bharatiya Nyaya Sanhita (for brevity, 'BNS') and he is no way concerned with the said case and he has been intentionally dragged into the instant case and forcing him to settle the civil dispute with the de facto complainalt'
Learned counsel for the petitioner further submits that without issuing notice to the petitioner under Section 41-A of lPC/Section 35 (3) of BNSS, 2023 in I cPnnection with Crime No.28O of 2024 on the hle of Chaderghat Police Station, Hyderabad District, dated 2
28.08.2A2',4, the respondent No.2_Station l_{c,use Ofhcer is calling th,: petitioner to the police Station _o withdraw the said ce ser 13 1,,:arned Government pleader for Home submits that tte c,fficial respondents will follow due procedure as conterpliated under Section 41-A of IpC/S:c:ion 35 (3) of the BNSS, 2023.
in view of the submissions made b.v the both sides, the u.rit cetition is disposed of directing rhr: respondent No.2-Station House Officer to issue notice to the petitioner under llection 4l-A of IpC/Section 35 (3) of BI{SS, 2023 in connectiorr with Crime No.2gO of 2024 on the file of chaderllha: Police station, Hyderabad I)isrtrict, dated 28.08.2')2.1 . On receipt of such notice, the petitioner is directed to respond to the said notice. I.ht:reafter, the respond:nts are directed to follow due proce.cu:.e as per the BNSS, 120:23 and the guidelines issued b,,r Supremt: ()ourt in Arnesh Kumar a. State There shall be no order as to costs. the Hon'Lrle oJ BihqTt (2014) 8 SCC 273 I l i I 3 t I
Miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// S .P. PONNA KRISHNA S ISTANT REGISTRAR SECTION OFFICER The Principal Secretary, Home Department, Se riat, Hyderabad The Station House Officer, Police Station Chaderghat,. Hyderabad. One CC to SRl. SYED YOUSUF Advocate IOPUCI Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] Two CD Copies To, 1 2 3 4 5 KKS BS W , V.\C A,TION COURT HIGH COURT DATED:0410612025 i { i-i :,' l; ; :',1 o\1 4 f. i) L) 0 5 ,lir ?m ORDER WP.No.15458 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of at the stage of admission itself'
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(3); Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.