High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Sp€cial Original Jurlsdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSNCE N.TUKARAMJI wRlT P€T|T|ON NO: s2042 OF 2016 Between: Smt. M- Divya, W/o M. Raghavendra Rl/o H.No.6-50, Road No.2, Madhurapu @ Raju, Aged 30 ri Colony, Almasgu years, Occ ; House wife, da, Hyderabad -5Oo 069. .....PETITIONER AND

1. The State of Telangana, Rep. by its Princhal Secretary, l-{ome Department, Secretariat building, Hyderabad.

2. The Commissioner of Police, Hyderabad city, Bhasheerbagh, Hyderabad - 500 001.

3. Sri. D. Ashok, Sub-lnspector of Police, P.S. Osmanh University, Hyderabad District. .....RESPONOENTS Petition Under Anicle 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 direction more particular'ly one in the nature of Writ of Mandamus declaring the action of the respondents l,l!c.3 in arresting the petitioner husband Sri. M. Raghavendra or Raju S/o M. Prabhakar, aged 30 years without compliance of Section 41-A of Cr.P.C., as directed by this Honble Court by Order dated 06-09-2016 passed in Writ Petition No. 29706 of 201 6 is being illegal, arbitrary and violative of r(]hts guaranteed under Article 14,21 of lhe Constitution of lndia and consequently direct the 3rd respondent to release the petitioner husband. |.A"NO:1 OF 2016 (WPMP.NO:39624 OF 2016) Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct 3rd respondent to release the petitioner husband Sr. M. Raghavendra @ Raju S/o M. Prabhakar, aged 30 years forthwith in resp€cl of Cr.No.303/2016 dt.07.07.2016 on the file of Osmania University Police Station, Hyderabad pending disposal of the above writ petition. Counsel for the Petitioner: SRI K.GOPAL, ADVOCATE FOq. Ms J.SUMATHI Counsol for the Respondents : AGP FOR HOME The Court made the following ORDER //1 ORDER: THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT P ETITION No.32O42 OF 2016 / I This Writ Petition is filed under Atlicle 226 of the Constitution of lndia seeking the following relief "- -.to lssue a writ, order or direction, more patiiculady, one in the nature of 'Wit of Mandamus', declaing the action of the respondent No.3 in arresting the petitioner husband Sri M.Raghavedra @ Raiu' S/o. M.Prabhakar, aged 30 years without compliance of Section 41-A of Cr.P C , as directed by this Hon'ble Court by Order dated 06.09.2016 passed rn Wit Petition No. 297O6 of 2016 is being illegal' afuitrary and violative of nghts guaranteed under Afticles 14, 21 of the Constitution of tndia and consequentty direct tte { respondent to release the petitioner husband and pass such other order or orders . . ."

2. I have heard Mr. Koppula Gopal, learned counsel, representing Ms. J.Sumathi, learned counsel for the petitioner and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, representing the respondents.

3. Learned courtsel for the petitioner submits that the grievanc€ of the petitioner is that, notwithstanding the directions issued by this Court in W P. No. 29706 of 2016 to serve notice under Section 41-A of the Code of Criminal Procedure, 1973 ("CrPC") upon the petitioner's husband, namely, M. Raghavendra @ Raiu, he was allegedly arrested in contravention of such directions. lt is contended that the petitioner, being aggrieved thereby, 2 \ lodged a complaint and has also initiated approoriate proceedings challenging the said arrest as being in violation of th€r xandate of section 41-A CrPC and the binding order of this Court. Or that basis, learned counsel prays for appropriate relief.

4. Learned Assistant Government pleader for Home on the other hand, submits ttpt, in strict compliance with the directions tl this Court in W.p. No. 29706 of 2016, the petitioner's husband was du y served with notice under Section 41-A CrPC on 19.09.2016. lt is further sr.rbmitted that, upon completion of investigation, a charge-sheet was filed and taken on file as C.C. No. 1240 of 2018 before the tearned tV Additional Chief Metropolitan Magistrate, Hyderabad, and the same is presently p,)nding trial. Learned Assistant Government Pleader asserts that the petitrcner,s husband was never arrested subsequent to the service of notice under Section 4i-A CrPC, and that the allegations to the contrary are unfounded.

5. I have carefully perused the material available or record

6. Having regard to the submissions advanced antl the progress of the criminal proceedings registered against one M. Raghirvendra @ Raju, the husband of the petitioner, and further takrng into consideration the categorical assertion of the learned Assistant Governnrent pleader that the petitioner's husband was not arrested after service of rotice under section ,41-A CrPC, this Court is of the view that no further adjud cation is warranted / , 3 in tlrc present writ petition. lt is also noted that the petitioner has already taken steps to challenge the alleged rtlegal arrest. ln the circumstances, reserving the liberty of the petitioner to pursue such proceedings, if the cause of action therein survives, this Writ Petition stands disposed of. There shall be no order as to costs. 1 I Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/.A"JAYASREE ISTANT REGISTRAR SECTION OFFICER To Telanoana at HYderabad {. The Principal Secretary, Home Department, S 2. The C-ommissioher of Police, Hyderabad city' Bha g. Sri. O. nsnot, Sub-lnspector of Police, P S Osmania University' Hyderabad +. iwJ Cbs to GP FOR HOME, High Court for the State of Telangana at eerbagh, Hyderabad - uilding, State of 500 001. District. t Hvderabad. [OUTl

5. o'ne CC to Ms. J.SUMATHI, Advocate [oPUC] 6. Two CD CoPies SA PMK HIGH COURT DATED:1810812025 ORDER WP.No.32042 ot 2016 o 2 0 l{ou fiui Ia t , 'i. \ . ",' \ )t-.i '',\T(:.\ DISPOSING OF THE W.P WITHOUT COSTS. w tlW