Sandamoni Yadaiah v. SecretariatBuilding,Secretariat,Hyderabad

in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.6 to not to arrest the petitioner in Crime No.435/2025 for the offences U/Sec. 77,79, 351(2\ r/w 3(5) of BNS and to follow the directions of the Honble Apex Court order in Arnesh Kumar Vs. State of Bihar. Counsel for the Petitioner: SRI RAPOLU BHA.SKAR Counsel forthe Respondent No.1 to 6: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.21368 of 2O2b ORDER: Heard learned counsel for the petitioner, iearned Government Pleader for Home appearing for respondent Nos.l to 6, and with their consent, the Writ Petition is taken up lor hearing and disposal at admission stage.

2. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respor-rdent No.7 is not necessary for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that though the respondents-authorities have registered a case uide Crime No.435/2025, dt.01.04.2025, under the provisions of Sections 77, 79, 351(2) r/r,r, Section 3(5) of BNS, the respondents-authorities, in particular the 61h respondent is not follon,ing due process of law by issuing notice under Sectior-r 35(3) of BNSS u,hile conducting investigation into the aloresaid crime, even though the petitioner is not arrayed as an accused therein, which action of the respondents it is contended as highly illegal and arbitrary. I 2

4. Per contra, learned Government Pleader for llome appearing on behalf of olficial respondents u,hile denJ,ing thr rvrit averments u,ould submit that the petitioner is not ar-rayed as an erccused in Crime No.43l;/2025, dt.Ol.O4.2025, u,hich is rcqistered u,rgainst one S.Vamshi and I(.Narsimha, lor him to approach this Court claiming that the respond ents-authorities are rrot follou,ing due process of lau by issuing notice under Section 35(3) of BNSS.

5. Learned Covcrnment Plcader furthcl sr-rl;mits that the petitioner is involved in commission of a crimc registered uide Crime No.635/2025, dt. 10.05.2025, under thr: provisions of Sections 74,75(2),351(2) r/r,r, Section 3(5) of BNS vvherein the petitioner is arrayed as accused No.1, and that rhe petitioner is absconding in the said crime.

6. Learned Government Pleader further subrnits that since. the petitioner is involved in commission of oflen ce uide Crirr-e No.635/2025. the petitioner cannot claim of the respondents- authorities nc,t issuing notice to him under Section 35(3) of BNSS in Crime No.435/2025, with which he is in no wa.) concerned. 7 . I have taken note of the respective submissions made I t 3 B. Having regard to the submissions made as above and since, it is stated to this Court that the petitioner is not arrayed as an accused in Crime No.435/2O25, and that the respondents- authorities after conducting investigation having already filed charge sheet therein, this Court is ol the vieu' that the petitioner is not entitled to be issued with notice under Section 35(3) of BNSS in the said crime.

9. Insofar as Crime No.635/2025, dt.10.05.2025 is concerned, since, the petitioner is arraved as accused No. 1 therein and is stated to be absconding, this Court is of the lurther view that the respondents-authorities are to be directed to conduct investigation into the a-foresaid crime in accordance with law by bringing the accused to book, at the earliest.

10. Subject to the above directions, the Writ Petition is disposed of. No order as to costs 1 1. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY' A IS SD/. L. VIJAYA LAXMI T REGIST To, 1 The Princioal Secretary, Home Department, Secretariat Hyderabad, State of Telangana. TION OFFICER uilding, Secretariat, I

2. The Director General of Police, Telangana, Hyderabad ' 3.TheCommissionerofPolice,RachakondaCommissionerate,RangaReddy District.

4. The Deputy Commissioner of Police, LB Nagar, Rachakonda Commissio nerate, Ranga Reddy District.

5. The Assistant Commissioner of Police, Vanasthalipuram, Rachakonda Commissionerate, Ranga Reddy District.

6. The Station House Officer, Vanasthalipuram Police Station, Ranga Reddy District. 7 One CC to SRI RAPOLU BHASKAR, Advocate [OPUCI 8 Two CCs to GP FOR HOIME, High Court for the State of Telangana at Hyderabad [OUT] I Two CD Cooies I BSR L5 ly HIGH COURT DATED:2410V 12025 \ \ ORDER WP.No.21368 of 2425 ( 1 I 6'(c( q( il B 0[I 2U5 ( (1 (' a. (: DISPOSING OF THE WRIT PETITION, WITHOUT COSTS tolp,i-