Dismissed¶27

Yadagiri Abhilash v. The State of Telangana

Telangana HC4 Jun 2025WP/15476/2025

Case brief

AI extract

What is this about?

Telangana HC W.P. No. 15476 of 2025 (Justice K. Sarath, 04-06-2025) dismissed as withdrawn with liberty to file quash petition; no order as to costs; concerns Crime No. 75 of 2025 dated 25-04-2025, P.S. Kadam, Nirmal District; prayer invoked Article 226 mandamus, Section 35(3) BNSS 2023, Section 41-A CrPC 1973 and Arnesh Kumar vs. State of Bihar (2014) 1 SCC guidelines; IA No. 1 of 2025 under Section 151 CPC sought no-arrest protection; petitioner Yadagiri Abhilash; respondents: State of Telangana (Home), SP Nirmal, SHO Kadam, District Manager Telangana State Civil Supply Corporation, Nirmal; no merits adjudicated.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file a quash petition; no order as to costs; miscellaneous petitions, if any, closed. ¶27

Yadagiri Abhilash Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to file a quash petition; no order as to costs; miscellaneous petitions, if any, closed.

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Issue for consideration

Whether the registration and continuation of investigation in Crime No. 75 of 2025 dated 25.04.2025 on the file of Police Station Kadam, Nirmal District is illegal and arbitrary for failure to follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 41-A of the Code of Criminal Procedure, 1973 and the guidelines laid down in Arnesh Kumar vs. State of Bihar. +1 more

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Ratio / Principle

Learned counsel for the petitioner sought and obtained permission of the Court to withdraw the writ petition with liberty to file a quash petition.

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Key takeaways

The writ petition was dismissed as withdrawn, granting the petitioner liberty to file a quash petition, with no order as to costs.ratio¶27
Miscellaneous petitions, if any, pending in the writ petition shall also stand closed.ratio¶28

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad, Writ Petition No. 15476 of 2025 (K. Sarath, J.; 04-06-2025): The petitioner, a businessman facing investigation in Crime No. 75 of 2025 dated 25-04-2025 of P.S. Kadam, Nirmal District, sought a writ of mandamus declaring the registration and continuation of that investigation illegal and arbitrary for non-compliance with Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 41-A of the Code of Criminal Procedure, 1973 and the guidelines in Arnesh Kumar vs. State of Bihar, (2014) 1 SCC, along with an interim direction (IA No. 1 of 2025, Section 151 CPC) not to arrest him pending disposal. Before adjudication, learned counsel for the petitioner sought permission to withdraw the petition with liberty to file a quash petition. The Court dismissed the writ petition as withdrawn, granting that liberty, ordered no costs, and closed miscellaneous petitions, if any. No merits were decided.

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l0I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)

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WEDNESDAY,THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 15476 OF 2i2s

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Between:

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Yadagiri Abhilash, S/o. Yadagiri_ Sqgunakar Rao, Aged about 40 years, Occupatron .Business,. Prop_rietdr, Sri daghavendra iRic; lndustries, faxmipui Village, Kadam Mandal, Nirmal Diskict,-Rl/o. 7-117, Murimadugu,' Adilab'ad, Telangana.

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...PETITIONER

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AND

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The State of .Telangana, Rep. by its principal Secretary, Home Department, Secretariat, Hyderabad

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Superintendent of Police, District Police Office, Nirmal.

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The Station House Officer, Police Station Kadam, Nirmal District, Telangana.

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The District Managal Telangana State Civil Supply Corporation t_imitet, Olo. lntegrated Collector Office, Nirmat (U), Nirmal District, Tritangana

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...RESPONDENTS

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Petition under Nticle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ, order or direction in the nature of writ of Mandamus declaring the registration and continuation of investigation in crime No.75 of 2025 dated 2510412025, on the file of police Station Kadam, Nirmal District as illegal and arbitrary, and consequentry direct the respondents particurarry respondent no. 3 to follow the procedure contemplated under section 35(3) of the Bharatiya Nagarik suraksha sanhita, 2023 / section 41-A oJ the code of criminal Procedure, 1973, and the guidelines laid down by the Honourable Supreme Court in Arnesh Kumar vs. State of Bihar, (2014) I SCC in Crime No: 75 of 2025 dated 2510412025, on the fite of Potice Station Kadam, Nirmal District

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: t*-

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IA NO: 10F 202s

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Petition^{und,:ir Section 151CPC praying thatin the circumsrtarlcesstatedin} the affidavit^{filed ir supportof thepetition'the High Court tTla Y l''e Pleased to} Direct the Respont^{€'nts not to arrest the Petitioner in connecticnCrime No 75 of} 2025 dated^{'25 04 2:.025,on the file of Police Station KadamI lirmal District} pending investiqatio'r^{and till completionof proceedingqrpendin'l cisposal of the} above writ Petition

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Counsel for^{the Pctitioner:SRI L. BHARGAVAKRISHNA}

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Counsel for^{the Rr:t;pondentNos. 1to3: GP FOR HOME}

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Counsel for^{the Fespondent No'4:SRI K' DEVENDER'SC}

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The Court made^{the following:ORDER}

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THE HONOURABLE SRI JUSTICE X.SARATH WRIT PE"TITION No.1 5476 oF2025

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ORDER:

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karned counsel for the petitioner seeks permission of this Court to withdraw the present Writ petition, with a libert5r to fi1e quash petition.

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Accordingly, the Writ petition is dismissed AS withdrawn, gralting liberty to the petitioner to hle the quash petition. There shall be no order as to costs

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