1 . Kandula Anil Kumar v. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 ot lhe constitution of lndia praying that in the Circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybepleased to i..r" an appropriate Writ or order or direction, preferably one in the nature of a WritofMandamusdeclaringtheactionoftherespondents,especiallytheactionof in" *rp""o""t no.3 in caiiing the petitioners to the police Station without there i"inj rot" / names of the Peitioners in FIR No.822 of 2025 d1.28-O6-2025 of PS kpH"a cotony, cyberabad in the name of investigation without issuing any notice and copies thereof contrary to procedure contemplated under Provision of BNSS' - 2O23 is illegal, discriminatory, arbitrary, malafide, in violation of the rights of the petitioners and the rights guaranteed under lhe 14, 21 of t re constitution of lndia and consequently direct the respondent no.3 not to call the l.,etitioners to the Police Station under the guise of investigation in FIR No.822 of 2O',).5 dt.28-06-2025 of PS KPHB Colony without issuing any written notice and copies t rereof lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r;ircumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased direct the respondent no.3 not to call the petitioners to police sta:ron under the guise of investigation in FIR No.822 of 2025 dt.28-06-2025 of PS KpHB Colony, Cyberabad without issuing written notice Counsel for the Petitioner: SRl. N N SOMENDRA REDDY Counsel for the Respondents: SRI B. SRIDHAR AGp FOR HOME The Court made the following: ORDER HON'BLE SRT JUSTTCE K. LAKSHMAN WRIT PETITION No.22243 OF 2025 ORAL ORDER Heard leamed counsel for tl.re petitioners and Mr. B. Sridhar, leamed Assistant Government Pleader lor Home appearing for the respondents.
2. This writ petition is hled questioning the action of respondent No.3 in catling the petitioners to the police station under the guise of investigation in Crime No.822 of 2025 without following due procedure laid down under law as illegal.
3. Whereas, leamed Assistant Govemment Pleader for Home, on instructions. would submit that on the complaint lodged by Mr. Danda Nanda Vardhan Reddy, the police of KPHB Colony Police Station, registered a case in Crime No.822 of 2025 under Section 137 (2) of BNS against unknown people.
4. The allegations leveled in the said complaint dated
28.06.2025 are that he along with his friend, Mr. Pavan Kumar are residing in a room at Road No.3, near Shivalayam Temple, KPHB Colony. On 27 .06.2025 at 19:30 hours, his friend Mr. Pavan Kumar 2 KT.,J w.P. No.2l24l o82025 made a crll to him and asked him to hand over his clothes and laptop at Lanco Hills, Manikonda. Accordingly, he wen: there and handed over then to him at Lanco Hills, where the said Pavan Kumar was seated in a drlver seat of car along with his fiienr ls. Later at 22:30 hours, mother of Pavan Kumar made a phone call tc, hirn and informed that her srrn was kidnapped as he owes some mone\,, to his friends and lorcibly beating him in the car. Then, he made a call to Mr. Pavan KuLnar, lvho answered the calI but did not speak a 'vord, ltut he heard sotne abusive'"vords in the backsround
5. During the course of investigation, the In,,estigating Officer came to the conclusion that the petitioners arc respcnsible for lhe said kidnap. lihe petitioners herein are arraigned as acc-rsed Nos.l to 7 in the aforesaid crime. The Investigating Officer recorded sitatement of complainant as LW. l and his wife as LW.2 and t-lV.i is the victim. Since punishment prescribed for'the said of-fence is belou, seven (07) years, thr: Investigating Olficer has already issr-recl notice under Section 35 (3) of BNSS to the petitioners. On cc,nsiderarion olthe said aspects, the Investigating Olficer has also laid charge sheet against the petitioners herein. The C.C. nurnber is awaited. Therefore, the allegation of the petitioner that rerspondent No.3 ls I I I I i I I I 3 KL,J w P No 22241 of2025 calling them to the police station is factually incomect. He has also produced written instructions of the Investigating Officer along with copy of charge sheet. The same are placed on record
6. In the light of the above, this writ petition is disposed of directing respondent No.3 not to call the petitioners to the police station under the guise of investigation in the aforesaid crime. In the circumstances of the case, there shall be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed. SD/- . OSMAN ALI BA]G TANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, 1 2 3 4 q The Principal Secretary, Home Department, Dr. B.R. Ambedkar Secretariat, Hyderabad The Commissioner of Police, Cyberabad Gachibowli, Hyderabad. The Station House Officer, KPHB Colony PS, Kukatpally One CC to SRl. N N SOIVENDRA REDDY Advocate [OPUC] Two CCs to GP FOR HOI\/E ,High Court for the State of Telangana. [OUT] 6 KKS GJP Two CD Copies s I I HIGH COURT DATED:3010712025 \ --a-----"- . itr (J --"- ,r€ ,)^ 1 ij sEP '/[25 I -r-. \ t'r. \:. i< - \l-'' - ''j ';. i: =:.--:-7
4./ .1/ t - ORDER WP.No.22243 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS ,{ o q