Disposed

Manisha @ Latpate Maneesha v. The State of Telangana

Telangana HC4 Jun 2025WP/15485/2025

Case brief

AI extract

What is this about?

Accused in a BNS case sought a direction that police issue a 41-A/BNSS 35(3) notice instead of arresting her. Court disposed of the petition directing her to respond to such notice within one week and police to follow due procedure and Arnesh Kumar guidelines.

What did the court decide?

Petitioner to respond to the Section 41-A / BNSS 35(3) notice within one week; respondents to follow BNSS procedure and Arnesh Kumar guidelines.

Manisha @ Latpate Maneesha Vs The State of Telangana — Bail and Remand | Telangana HC (2025)

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

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WEDNESDAY,THE FOURTH DAY OF JUNE TWOTHOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K: SARATH

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WRIT PETITIO N NO:1548 5 0F 2025

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Between:

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Manis.ha @ Latpate Maneesha, S/o. Vattamwar Venkatesh, Age 30 years, Occ Housewife, RJo. H. No. 7- 52, Vidhyanagar, Adilabad Oistrict.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. b.y its principal Secretary, Home Department, Secretariat Building, Hyderabad.

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2 The Superintendent of Potice, Adilabad, Adilabad District. J The Station House Officer, Adilabad l- Town, Adilabad District.

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4 Devender Thokala, S/o. Devanna Age 34 years, Occ Business, Rl/o. Ranadivya Nagar, Adilabad District.-

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High^'cJurt may be pleased to issue a writ of Mandamus or any other appropriite writ, order or direction, declaring the the action of the respondents police particularly respondent No. 3 in.not following the guidelines issued by the Honble supreme colrt in Arnesh kumar Vs state of Bihar and ors and not issuing the 41A Not'rce i. e. , 35(3) of BNS and trying to detain the petitioner in crime. No. 61 of 2025 on the file of Aditabad t- Town Police station, Adilabad District, which is highly illegal arbitrary and against the principles of natural justice and also violative ot Rrtictes l+, is anail ot constitution of lndia and also violation established principles of law and consequently direct the respondents to issue 41A notices i. e. , 3s(3) of BNS to the petitioner in crime. No. 61 of 2o2s on the file of Adilabad I- Town police Station, Adilabad District, as per supreme court guidelines in Arnesh Kumar Vs state of Bihar

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lA NO:¹ oF²⁰²⁵

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PetitionUnderl]3ctionl5lCPCprayingthatinthecircum;tancesstatedin the affidavit^{filed 1n sLrpportof the petition,ine Hign Court may be plt'rased to direct} ih;;;;;;""ts tc is:;tie 41A notice^{i e} '^{35(3) of BNS to thepe titirnerin Crime'} No.61of2025rlnth-lfileofAdilabadl.TownPoliceStation,AdilatiadDistrict,aS p"i irpr"*" Court^{g:idelines in Arnesh Kumar Vs state of Biharernd ors'during} pending disposal 6,f 1l'6,^{Writ Petition}

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Counsel for the^{Petir:ionerrSRl. SOMA RAVI KIRAN REDDY}

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Counsel for^{the Resor:ndentNos.1 to 3: GPFOR HOME}

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Counsel for the^Res Pr:ndent^No.4: --

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The Court made^{the following:ORDER}

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THE HONO URABLE SRI JUSTICEK.SARATH

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WRIT PETITION No.15485 of 20.25

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ORDER:

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Heard karned Counsel appearing for the petitioner and learned Government pleader for Home appearing for the respondent Nos. I to 3. Perused the entire material on record..

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l*arrrcd Counsel for the petitioner submits tJlat the petitioner is the accused No.2 in Crime No.61 of 2025, on t].e file of Adilabad I Town police Station, Adilabad District, d,ated, 08.02.2025 registered for the offence under Section 31g(a) BNS and as the punishment for the said offence is upto 7 years, the respondent_ authorities have to issue notice to the petitioner under Section 41-A of IPC/Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, BNSS, 20251.

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Learned Government pleader for Home submits that the ofhcial respondents will follow due procedure as contemplated under Section 41-A of lPClSection 35 (3) of the BNSS,2023.

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In view of the submissions made by the both sides, the writ petition is disposed of directing the petitioner to respond to the notice issued by the respondent No.3/Station House Offrcer under Section 41-A of IPC/Section 3s (3) of BNSS, 2o2s in connection with Crime No.61 of 2025, on the file of Adilabad I Town police Station,

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AdilabadDistnct.datedo8.O2.2o25,withinone(01)rl.e':kfrom today. Thereafter^{the respondents are directed to 1cll'rw due} procedure as^per -ire^{BNSS,2023 and the guidelinesissrre'l by the} Hon'ble Supretre^{iourt inArnesh Kumaru' State o-f )Biharl}

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There shall^{be n'r} 'lrder^{as to costs'}

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