✦ High Court of India · 03 Dec 2025

tMogapatti _Qreg_shma v. 1- IFe stgtg of relangana

Case Details High Court of India · 03 Dec 2025
Court
High Court of India
Decided
03 Dec 2025
Bench
Not available
Length
1,192 words

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 to issue a Writ order or order(s) or direction more particutarty one in the nature of' Writ of Mandamus, declaring the action of Respondent no:4 and Respondent N o . 5 calling the petitioner to police station without informing the reason or issuing any notice as illegal, arbitrary, malafide, contrary to Article 14 ,, ?fld 21 of Constitution of lndia and consequently direct the Respondent No. 4 and 5 not to harass Petitioner to come to police station in the intereSts of justice. L lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filr:d in support of the petition, the High Court may be pleased to issue order(s) ,rr direction to the Responds no. 4 and Respondent No. 5 not to communicate vvith the Petitioner in any form except by *ry of written notices strictly as permitted by law in the interests of justice. Counsel for thr: Petitioner: SRI AKHIL MUSUNURU REPRESENTING MS PEETHALA MANGESWARI SWAPNA Counsel for thr: Respondents No 1To 4: SRI R. LAXMIKANTH REDDY, AGP FOR HOME Counsel for thr.. Respondent No 5: ------ The Court made the following: ORDER ') IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 36995 2o.25 Ogrd Decemberr 2O2S Between: Mogapatti Greeshma AND The State of Telangana & 4 others ...Petitioner ...Respondents ORDER: This writ Petition is filed under Article 226 0f the Constitution of India seeking the following relief: "...pleased to i.ssue a Writ order or order(s) or direction more particularlg one in the nature of Wit of Mandamus, declaring tle action of Respondent No.4 and Respondent lVo. 5 calling the petitioner to police station uithout informing the reason or i,ssuing ang notice as illegal, arbitrary, mala fide, contrary to Article 14 and" 21 of Constihttion of India and consequentlg direct th.e Respond.ent lVo. 4 and 5 not to harass Petitioner to come to police station in the interests of justice and pass...' 2

2. Hear:d Mr. Akhil Musunuru, learned counsel representing Ms. P.M. swapna, learned counsel for petitioner and Mr.R.Laxrnikanth Reddy, learned Assistant Government pleader for Home appearing for respondent No.1 to 4.

3. The learned counser for the petitioner submits that responderrt Nos. 4 and 5 have been summoning the petitioner to the polict: station without assigning any reason. He further submits that, in a similar situation earlier, the petitioner had filed w.P. No. 32885 of 2025, wherein this court directed the responderrt police authorities to follow the due process contemplzrted under law before taking any action against the petitioner, However, the respondent police authorities are again calling u[)on the petitioner to appear before them. Hence, the present writ petition has been fited seeking appropriate directions.

4. The learned Assistant Government pleader for Home, on instructions, submits that a crime, vide crime No. 1057 of 2o2s, has been registered against the petitioner on 29.10.2025 under sections 318(4) and 316(21 of the Bhnratiga Ngaga sanhita,

2023. He further submits that, in the earlier writ petition, tJrere 3 was no occasion to inform the court regarding the registration of the said crime as it had not been registered by that date' It is clarified that the petitioner was called to the police station only for the purpose of serving notice under section 35(3) of the Bharatiya Nagarik suraks hq. sanhita, 2023 (for short, "BNSS"), i., connection with the ongoing investigation. Accordingly, the allegation that the petitioner is being called without any lawful basis or that the police are acting arbitrarily is unfounded' Hence, he prayed for dismissal of the writ petition. 5 I have perused the material available on record'

6. The contention of the petitioner is that the respondent police authorities are calling her to the police station without justification. On the other hand, it is explained that her presence is being sought solely for serving a notice under Section 35(3) of tr1e Bharatiya Nagarik suraksha sanhita, 2023, in connection with Crime No. 1057 of 2025. [n view of the circumstances, and as the petitioner has 7. expressed readiness to cooperate with the process of law, the petitioner is directed to appear before the Investigating Officer, i.e., respondent No. 4, on or before LL.L2.2O25. Upon such : : j I ! I I I I I 4 appearance, respondent No. 4 shall serye the notice under section 35(3) of the Bharatiga Nagarik suraks ha sanhita, 2023, and the:eafter proceed with the investigation strictly in accordan,:e with law and by following due process. Equally, the petitioner is directed to cooperate with the investigation in all respects

8. with this direction, this writ petition is disposed of. There shall be r:o order as to costs. Pencing miscellaneous applications, if ao!, shall stand closed To, //TRUE COPYII SD/- M. JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFTCER

1. $. .prtt.jpal secretary, Hgme Department, state of relangana, Fifth Floor, A Qlg-c!,^ l.el-a! g? rB S ecreta riat, H yd era bad, Te la nga na - 500-003.'phone 04023452 1 43 Email prl [email protected],in-

2. Director Generat of Police, (Telangana), Telangana state police Head Quarterr;, Lakdikapul, Hyderabad,lelahgana - s00004. E-rhail dgpmtspolice. gov.in

3. Dy. Conrmissioner of Police, Near Jeedimefla pS, Shapurnagar, Gajularemaram road, Hyderabad-500055 E-mail. dcp-bnr-cybpispolice.gov.in

4. The Station House Officer, Jeedimetla Police station Near Jeedimetla Bus Stand, S;hapu rnagar, Gaj u la ra ma ram road, Hyderabad-S0005 5. E- mail. [email protected]

5. one cc to SRt PEETHALA MANGESWART swApNA, Advocate [opuc] 6. Two ccs to GP.FOR HOME ,High court for the State of relangana at Hyderabad .tOUTl I I I I ! I i I i I I I I i I I i I I i : : i

7. Two CD Copies DAN PVL + Fd HIGH COI.'RT DATED:0ii/1 212025 ORDER WP.No.36995 ot 2025 o t * S 1 0 l'lAi 2026 * DISPOSI].{G OF THE WRIT PET"ITION WITHOUTCOSTS .rF \-/ f- e\ \s\\-/ .b g#s' , cv\ d : , ' )..

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