The High Court · 2025

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the peiitio;, ihe Higr, court may o" pG""Jt" . ., :F:ltl ,/ 'direct the Respondent No. 4 to issue notice U/s. 35 of B.N. ,. S. to the Petitioner Nos. 1 and 2 forthwith pendrng disposal of the above writ pe1 iiln. Counsel for the Petitioners: SRI MOHAMMED NAWAZ HYDi:tl ALI Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER i'a:,-- i It THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR WRIT PETITION No.32547 of2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent' this writ petition is being taken up for disposal at the admission stage itself'

2. This writ petition has been filed seeking the following prayer:- * declaing tLe actions of the Respondent No'4 in ,ot i"JJ*g" iitice under Section 35 of BNSS to the 'iZin'i."JJ w..t and' 2 in relation to the FIR in 'cr""i"..ilat zo25 d.oted 1B'09'2o25 as illegal' arbitrary' 7*"".ii"tinal and in negation of the taut as lrcld bg the Honbte Apex Court ii arnesi Kumar us State of Bihar 2014 8 SCC 273''

3. The facts of the case in brief as stated are that petitioner No.2 who is a permanent resident of Hyderabad' is taking up interior design contract works and that his late father was dealing with sale and purchase of plots on commission basis' It issubmittedthaton2l.og.2o2;,petitionerNo.2receiveda phone call from respondent No'4 summoning petitioner No'2 to police station without disclosing the reason for summons' As such, Petitioner No.2 appeared before the concerned Police Stationor 2T.og,2o25arrdduringtheinvestigationitis submitted that one Ms.Sri lakshmi lodged ar oral complaint WiF against the petitioners stating that in the yea 2004, father of petitioner No.2 had fraudulently purchased trn-r plots belonging to her ald solcl to third parties. It is submitted t.-iat on the said oral complaint, respondent No.4 s,as frequentlr, :i_rmmoning the petitioners and his family members to the police .-qtation ald was also threatening u,ith dire consequences. ..1 that regard, petitioners prei::rrcd W.P.No.3O372 of 2025 b : rre this Court and this Court on 07.1O.2025 disposed of the rvr 1. pel.ition with a direction to respondent authorities to complete h e i'vestigation and file charge sheet as expeditiously as poss ,r.e_ In the said writ petition, lcarned Assislalt Government pl :1pd61 for Home placed instructions stating that an FIR in Cr.No.,>lig/2025 dated 18 .O9 .2025 was registered against the petitio ri,rs. The main grievance of the petitioner is that the respon( r:nt authorities were not issuinq notrce under Section 35(3) ( I BNSS to the petitioners. Questioning the same this writ petitic,,r is filed. 4 Learned Assistaxt Government pleader for I rome appearing for respondent.s placed on record instructions s sued by Sub_ Inspector of Police, $b,flgllapurmet Police Statr ut, aLnd would submit that on 18.09.2025, a complaint against the petitioners herein stating ,hat petitioners Ms.M.Srilaks,l'rmi, lodged l l I l 3 have cheated her with regard to land by forging her signatures and requested to take action. Basing on the complaint of said M.Srilakshmi, respondent No.4 registered a case in Cr.No.658/2025 against the petitioners herein and investigating is under progress. It is further submitted that the Investigating Officer is conducting fair and transparent investigation.

5. Having considered the above facts arrd circumstances and without expressing any opinion on the merits of the case, this writ petition is disposed of directing petitioner to approach respondent No.4 on 04.11.2025 at 4.00 pM and the respondent No.4 is directed to serve notice under Section 35(3) of BNSS to the petitioners and conduct investigation by following due procedure as contemplated under law. It is also made clear that the petitioner shall co-operate with the investigation in FIR No.65B of 2025

6. With the above rlirection, this writ petition is disposed of Miscellaneous applications, if any pending, shall stand closed. No order as to costs. SD/- AHMED ABDULLA KHAN STANT REGISTRAR //TRUE COPY// \ ECTION OFFICER To,

1. The Principal Secretary Home Department, The State of Telangana' 2. i# d;;assioner 5f Pirlice, Rachakonda Commissionerate' Cyberabad Secretariate Building, Hyderabad. I t r -r, District.

3. The Assistant Commissioner of Police, Abdullahpurmet :' S, Ranga Reddy 4. The Station Hous;e Officer, Abdullahpurmet P.S, Ranga cleddy District 5. One CC to SRI IVIOHAMIVED NAWAZ HYDER ALl, Adr,':,,;ate IOPUC] 6. Two CCs to GP F:OR HOIVIE, High Court forthe State or i'elangana. [OUT] 7. Two CD Copies BN : ,! t1 HIGH COURT DATED:0311112025 CC TODAY ORDER WP.No.32547 of 2025 i1-/ ;;F Ii. 1.., .s s\ \, t , -n'a- ''l i L, -r r:: .. ' '' :::''' - I l-- i, i'. ":- DISPOSING OF THE WRIT PETITION WITHOUT COSTS a\ 1" t , * I