Gangadari Uppalaiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Gangadari Uppalaiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the stage of admission with consent of both sides: respondent No.3 - Station House Officer directed to issue notice under Section 41-A of IPC/Section 35(3) of BNSS, 2023 to the petitioners/Accused Nos. 1 and 2 in Crime No. 36 of 2025 of Chinnagudur Police Station dated 31.05.2025; petitioners directed to respond to the notice; respondents thereafter to follow due procedure under the BNSS, 2023 and the guidelines in Arnesh Kumar v. State of Bihar; no order as to costs.

Issue for consideration

Whether the action of respondent No.3-police in not issuing notice under Section 41-A IPC / Section 35(3) BNSS and attempting to detain the petitioners in Crime No. 36 of 2025 is illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution, and whether the respondents ought to be directed to issue such notices as per the Arnesh Kumar guidelines.

Court's answer

The writ petition is disposed of directing respondent No.3 - Station House Officer to issue notice to the petitioners/Accused Nos. 1 and 2 under Section 41-A of IPC/Section 35(3) of BNSS, 2023 in connection with Crime No. 36 of 2025 of Chinnagudur Police Station dated 31.05.2025.

Ratio / Principle

On receipt of such notice, the petitioners are directed to respond to it, and thereafter the respondents are directed to follow due procedure as per the BNSS, 2023.

Key takeaways

The respondents shall follow the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273), and there shall be no order as to costs.ratio¶38

Detailed headnote1 paragraphs

Telangana High Court (K. Sarath, J.; order dated 04.06.2025) in Writ Petition No. 15490 of 2025, disposed of at the stage of admission with the consent of both sides. The petitioners, arrayed as Accused Nos. 1 and 2 in Crime No. 36 of 2025 dated 31.05.2025 of Chinnagudur Police Station, Mahabubabad District (offences under Sections 296(b), 32a$l [sic], 351 read with 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r)(s)(c), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act, 1989, sections as printed), complained that the Station House Officer was summoning them to the police station time and again without issuing notice under Section 41-A IPC / Section 35(3) BNSS, 2023, contrary to the Arnesh Kumar guidelines. HELD: respondent No.3 was directed to issue notice under Section 41-A of IPC / Section 35(3) of BNSS, 2023; on receipt thereof the petitioners were directed to respond; the respondents were thereafter directed to follow due procedure under the BNSS, 2023 and the guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar, reported at (2014) 8 SCC 273. No order as to costs.

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

WEDNESDAY, THE^{FOURTH DAYOF JUNE} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HON'BLE SRI JUSTICE^K.SARATH

WRIT PETITION NO:^{15490OF 2025}

Between:

1 Ganoadari Uppalaiah,^{S/o. GangadariRangaiahAge 62 yea1s. O9c} Agridulture, nio.^{U.lto.C-28,Maripeda, Chinnagudur, lvlahabubabadDrstnct}

2 Ganoadari Anil Kumar, S/o.^{Gangadari Uppalaiah,Age} 36 years, Occ ; Agridulture, R/o. H.No.^{C-28, Maripeda, Chinnagudur.Maha} bubabad District.

.....PETITIONERS

AND

The State of^{Telangana,Rep.by its Principal Secretary, HomeDepartment,} Secretariat Building,^HYderabad.

The Superintendent^{of Police, Mahabubabad, Mahabubabad District'}

The Station House^{Officer, Chinnagudur, Mahabubabad District'}

Kande Shankaraiah,^{S/o. Veeraiah, Age 50 years, Occ' Farmer, R/o'} Chinnagudur,^{MahabubabadDistrict.}

.....RESPONDENTS

Petition Under Article^{226 of the constitution of lndia praying that in the} circumstances stated^{in the affidavit filedtherewith,the High court may be} pleased to issue a writ of Mandamus^{or any otherappropriatewrit, orderor} direction, declaring^{the the action of the respondentspolice particularly} respondent No 3 in not^{following the guidelines issued by the Honourable} supreme court in^{Arnesh mar Vs state of Bihar and ors and not issuing the 41A} Notice i.e.,35(3) of^{BNS and tyingto detain the petitioners in crime No. 36 of} 2025 on the file of^{chinnagudurPolicestation, MahabubabadDistrict. whichis} highly illegal arbitrary^{and against the principles of natural justice and also} violative of Articles 14, 19 and 21^{0f constitutionof lndia and also violation}

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established^principles of^{law and consequentlydirect the respondents to issue} 41A notices i.e., 35(3)^{of BNS to the petitionersin Crime No' 36 of 2025 on the} file of Chinnagudur [)olice Station,^{t\ttahabubabadDistrict' as per Supreme Court} guidelines in Arnesh Kumar Vs state of^Bihar-

|.A.NO:1 OF 2025

PetitionUnderSectionl5lCPCprayingthatinthe.circumstancesstatedin the affidavit filed in support of^{the petition, the High Court may be pleased to} direct the respondents to issue^{41Anotice i'e35(3) of BNS to the petitionersin} CrimeNo.36of2025onthefileofChinnagudurPoliceStation'Mahabubabad District, as^per Supreme^{Court guidelines in AmeshKumar Vs state of Bihar &} ors, during^{pending disposalof the writ petition'}

Counsel for the Petitioner^{: SRI YADAIAHBODDUPALLY}

Counsel for the Respondent^{Nos.1to 3 : GP FORHOME}

Cqunsel for the ResPondent^{No.4 : -}

The Court at the stage^{of admissionmade the following ORDER}

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THE HONOURABLE^{SRI JUSTICE K.SARATH}

WRIT PETITI^{ONNo. 15490 of2o.25}

ORDER:

Heard l,earned^{Counsel appearingfor the petitioners'} learned Government Pleader^{for Home-appearing for the} respondents. With the^{consent of the both sides' the writ} petition is disposed of at^{the stage of admission itself'}

Learned counsel^{for the petitioners submits that} the petitioners are accused^{Nos'1and 2 in Crime No'36 of} 2025 on the lile of^{Chinnagudur Police Station'} Mahaboobabad District^{dated 31'05'2025registeredfor the} offences under Sections^{296(b), 32a$l an'd 351 read with} Section 3(5) of Bharatiya^{NyayaSanhita (for brevity, BNS')} and Sections 3(1)(r)(s)(c)^{and 3(2)(Va) of ScheduledCastes} ald Scheduled Tribes^{(Prevention of Atrocities) Act, 1989} and they are no way^{concernedwith the saidcase and they} have been intentionally^{draggedinto the instant case'}

Learned^{counsel for the petitioners further} submits that without^{issuingnotice to tJre petitioners} under Sectio n^{47-Aof IPC/Section35 (3) ol BNSS,2023 in} connection^'wit'll Crime^{No.36 of 2025 on the file of}

Chinnagudur Police Station, Mahaboobabad District dated 31.O5.2(t25, the respondent No.3-Station House Oflicer is calling the petitioners to the Police Station time and again.

Learned Assistant Government Plearler for Home submits that the official respondents will follow due procedure AS contemplated under Section 4l-A of IPC/Sec:ion 35 (3) of the BNSS, 2023.

In view of the submissions made by the both sides, the writ petition is disposed of directing the respondent No.3-Station House Oflicer to issue notice to the petitioners/Accused Nos.l ald 2 under Section 41-A of IPC/Sec:ion 35 (3) of BNSS, 2023 in connection with Crime No.36 o1' 2025 on the Iile of Chinnagudur Police Station, Mahaboobabad District dated 31.05.2025. On receipt of such notice, the petitioners are directed to respond to the said notice. Thereafter, the respondents are directed to follow due procedure as per the BNSS, 2023 and the guidelinr:s issued by the Hon'ble Supreme Court in Arnesh Kumar u, State of Bihort . There sha1l be rro order as to costs.

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(2014) 8 sCC 273

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Miscellaneous petitions, if any, pending shal1 stand

closed

SD/.P. PADMANABHA REDDY DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

The Principal Secretary, Home Department, Secretariat Building, State of Telangana at Hyderabad,

The Superintendent of Police, Mahabubabad, lvlahabubabad District.

The Station House Officer, Chinnagudur, Mahabubabad District.

lwo CCs to GP FOR HOME, High Court for the State of Telangana at

Hyderabad. [OUT]

One CC to SRI YADAIAH BODDUPALLY, Advocate [OPUC]

Two CD Copies

SA BS Jg-

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HIGH COURT

DATED:04106t2025

ORDER

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WP.No.15490 of²⁰²⁵

DISPOSING OF THE^W.P

AT THE STAGE OF^ADMISSION

WITHOUT COSTS.

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