Magaral v. Balaji, s/o Magarlal Veeravalli Chellapillai, aged
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Cited in this judgment
3. Srinivasa Rao Venka, s/o. Pattabi Rama Rao Venka, aged 51 years, Occ Business, R/o. 303-4, Raghuram Regency, MSR Road, Gokula, Bangalore- 054.
4. Magaral V. Balaji, s/o Magarlal Veeravalli Chellapillai, aged 45 years, Occ Business, R/o. C/003, The Caopy, Agra Main Road, Bapusapalaya, Bangalore - 043
5. Nozer K. Desai, s/o Karman Desai, aged 65 years, Occ Business, Ri./o. 302, Parishram, 40, Pali Hill, Bandra West, Mumbai-O50, Maharashtra State. ...PETITIONERS AND 1 The State of Telangana, rep. by its Principal Secretary, Home Department, Telangana Secretariat Buildings, Hyderabad. 2 3 4 The Director General of Police, State of Telangana, Lakdikapool, Hyderabad. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Vijayawada. The Director General of Police, State of Andhra Ptadesh, Saifabad, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents .and the police officials working under their control in causing arrest of petitioner Nos.1 to 4 successively "ry7 in multiple FlRs aliegedly in respect of the same issue of business of Q-Net / M/s. Vihaan Direct Selling lndia Private Limited without issuing any notice to petitioner Nos.'l to 4, as illegal. arbitrary and unconstitutional, and consequently direct the respondents and the police officials working under their control to scrupulously follow the provisions of Section 41-A of Cr.P.C., the law declared by the Hon'ble Supreme Court in ARNESH KUMAR Vs. STATE OF BIHAR, reported in (2014) 8 SCC 273 l.A. NO: 1 OF 2016(WPMP. NO:46547 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents and the police officials working under their control to scrupulously follow the provisions of Section 41-A of Cr.P.C, and the law declared by the Hon'ble Supreme Court in ARNESH KUIvIAR Vs. STATE OF BIHAR, reported in (2O14) 8 SCC 273 by giving two weeks notice before causing arrest of petitioner Nos.'1 to 4 in any FlRl,/ crime pertaining to the business of Q-Net i M/s. Vihaan Direct Selling lndia Private Limited, pending disposal of the above writ petition Counsel for the Petitioners : SRI AVINASH DESAI Counsel forthe Respondent Nos. 1 & 2: SRI M. SRINIVAS, AGP FOR HOME (TG) Counsel for the Respondent Nos. 3 & 4: SRI D. EDUKONDALU, AGP FOR HoME (AP) The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.37783 OF 2016 ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief "...to issue an appropriate WiL Order or Direction, one in nature of Wit of Mandamus declaring the action of the respondents and the police oflicials wofting under their control in causing anest of petitioner Nos.1 to 4 successively in multiple FlRs a egedly in respect of the same /ssre of busmess of Q-Net / fii/s. Vihaan Direct Selling lndia Pivate Limited without issuing any notice to petitioner Nos.1 to 4, as illegal. aftitrary and u nconstitution al, a nd con seque ntly di rect the respondents and the police officials wofuing under their control to scrupulously follow the provisions of Section 41-A of Cr.P.C., the law declared by the Hon'ble Supreme Couft in ARNESH KUMAR Vs SIA IE OF BIHAR, reported in (2014) I SCC 27s..."
2. Heard Mr.Avinash Desai, learned counsel for the petitioners, Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents No.1 and 2 and Mr.D.Edukondalu, learned Assistant Government Pleader for Home (AP) appearing for respondents No.3 and 4 present.
3. Learned counsel for the petitioners submits that the present writ petition has been filed challenging the action of the respondents in registering multiple FlRs and in making efforts to arrest the petitioners without adhering to the mandatory provisions of Section 41-A of the Code of Criminal Procedure (Cr.P.C.) and the guidelines laid down by the Hon'ble Supreme Court in Amesh Kumar v. Stafe of I 2 Bihar. fhe petitioners, therefore, seek appropriate directions from this Hon'ble Court He further submits that the matter is presently pending before the Hon'ble Supreme Court in Wit Petition (Criminal) No. 31 of 2017, wherein all further proceedings in respect of twenty FlRs registered against the petitioners have been stayed. The Hon'ble Supreme Court has also directed the release of the petitioners on bail, subject to certain conditions. Counsel also brings to the notice of this Court that another writ petition, seeking quashment of the said FlRs including the one involved in the present case, is pending consideration before another Bench of this Court. ln light of these facts, learned counsel prays that appropriate orders be passed.
4. Learned Assistant Government Pleader for Home, appearing for respondents Nos 1 and 2, submits that in view of the stay granted by the Hon'ble Supreme Court and the bail already granted to the I petitioners, the relief sought in this petition has become redundant. Accordingly, the learned Government Pleader prays for passing suitable orders
5. Upon perusal of the record, it is evident that the petitioners' primary prayer is for a direction to the respondenUpolice authorities to issue notice under Section 4l-A of the Cr.p.C. and to follow the guidelines enunciated in Amesh Kumar v. State of Bihar. However, the developments brought on record by the petitioners clearly \ t E 3 indicate that further proceedings in connection with the crimes, including the one involved in this case, have been stayed, and the petitioners have been granted bail. Consequently, the prayer for issuance of notice under Section 41-A of the Cr.P.C. has become infructuous at this stage.
6. ln these circumstances, while reserving liberty to the petitioners to avail appropriate remedies, if necessary, upon disposal of the writ petitions pending before the Hon'ble Supreme Court and this Court, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. SD/.T.SRINIVAS REDDY AS ISTANT REGIST //TRUE COPY// ) ECTION OFFICER To, '1. The Principar secretary, Home Department, TetangaiS secretariat Buirdings, The State of Telangani, Hyderabad. \
2. The Director Generar of porice, state of rerangana, Lakdikapoor, Hyderabad. 3. The Principq! Secretary, .Home _Department, A.p. Secretariat, Velagapudi, Vijayawada, The State rjf Andhra pra'desh,
4. The Director Generar of porice, state of Andhra ptadesh, saifabad, Hyderabad
5. One CC to SRI AVTNASH DESA|, Advocate IOPUC] 6. Two ccs to GP FoR HOME (TG), High court for the State of rerangana. touTl
7. Two ccs to GP FoR HOME (Ap), High court for the state of rerangana.
8. Two CD Copies V PVL HIGH COURT DATED:0711012025 :'\ 1L 1E S 7.q n \J() 2I JAri 2026 * -l ORDER WP.No.37783 of 2016 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { a,\,