Mohammed Farhan Vs The state of Telangana

Mohammed^{Farhan,s/o. Mohd Azeem salik, Aoedabout 28 years' occ-} Home^quard, R/o^{H:ii;.ii:i'Iro+T-r.rortnLala"guda,Masiid Area'Ram} Mand ir.^{-Secunderabad}

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...PETITIONER

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AND

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1 The state of^{Telangana, Represented by} ,^{its Principal Secretary'Home} Department,^{SecretariatBuildingsHyderaDao'}

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2 The Commissioner^{of Police' Hyderabad}

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a

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The Station^{House Officer, PS Cybercrime Hyderabad}

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...RESPONDENTS

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Petition under^{Article226 of the Constitutionof lndia praying that in the} circumstances^{stated in the affidavit filed therewith'the High Court maybe} pleased to issue^{an appropriatewrit order or direction more particularly'one in} the Nature^{of Writ of Mandamus declaringthe actionof the respondent No 3 to} invade^{in my personal liberty and in my professional career and to hurl threatsof} arrest to^{me, as arbitrary, illegal and violative of Articles 14' 19 and 21 of the} Constitution^{of lndia}

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IA NO: 1^{0F 2025}

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PetitionunderSection,l5lCPCprayingthatinthecircumstancesstated in the affidavit^{filedin support of the petition' the High Court maybe pleasedto} directtherespondentNo'3tonotharassthiSpetitionerbyinvadingthepersonal liberty of^{petitioner and to spoil the professional reputationwhilsttossing threats} of arrest to^{this Petitioner,as such' 'lF there is any complaint againstthis}

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.,titioner and his mother, then in such scenario,^{direct the respondent No 3 to} issue a notice u/s 35(3) of BNSS by^{following the principles laid down by the} Honorable Apex Court in the Arnesh Kumar vs State of Bihar.

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Counsel for the Petitioner: SRI SHAIKH CHAND AHMED

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Counsel forthe Respondents: GP FOR HOME

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The Court made the following: ORDER

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-^i___l

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THE HON'BLE SRI JUSTICE T. VINOD^KUMAR

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W.P.No.2OO35 of 2O25

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ORDER:

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Heard learned counsel for the petitioner,^learned Government Pleader for Home appearing^{for respondentNos.l to} 3, and with the consent of the^{counsel appearingfor the respective} parties, the Writ Petition is taken up for hearing^{and disposalat} admission stage.

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Shorn of unnecessary details, the case of the^{petitioner, in} brief, is that the 3.d respondent is invading^{into the petitioner's} personal life and liberty as well as professional carrier and^is yelling threatens to arrest the petitioner, even though no^{case or} crime is registered against him, which action of the^respondents- authorities it is contended as highiy illegal, arbitrary^{and violative} of Articles 14, 19 & 21 of the Constitution^{of India.}

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Petitioner further contends that he is working as a^Home Guard and he is presently posted at Arms & Weapons^Sectionin Sanchalal Bhavan, Secunderabad; that on account of the 3'd

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respondent calling him to the police station regularly, he is unable to carry on his professional duties; and thus, the said acts of the 3'd respondent amounts to interfering with the petitioner,s life and liberty.

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Per contra, learned Government pleader for Home appearing on beha-rf of respondents while denying the writ averments wourd submit that the petitioner,s brother is rnvolvecl in a cybercrime registered uid.e Crime N o.98O / 2025, dt.2l.O5.2O2 S ; that since, the petitioner,s brother is arrayed as accused and he was residing with the petitioner, the respondents-authorities have called the petitioner for the purpose of finding out the whereabouts of his brother, who is involved in the aforesaid crime; and that except the above, the respondents_authorities are not interfering with the life & Iiberty of the petitioner by ca-lling him to the 3.d respondent_ Police station regularly, as alleged.

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Learned Government pleader would further submit that the petitioner is not arrayed as an accused in the aforesaid crime registered against his br61hs1 and except for the purpose of

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causing investigation into the aforesaid crime^{and to knowthe} whereabouts of the accused in the aforesaid crime,^{who is} absconding, the respondents-authorities^{are not harassing the} petitioner or invading into the personal life and liberty^{of the} petitioner.

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The aforesaid submission made by the learned^Government Pleader for Home is taken on record.

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Having regard to the submissions^{made as above and taking} note of the fact that the petitioner^is not^{arrayed as an accused in} Crime No.98O/2025, dt.28.O5.2O25, on the file^{of the 3'd} respondent-police station, and since, it is now^{stated that the} petitioner is only called for the purpose of ascertaining^the whereabouts of the accused therein, who is the^petitioner's brother, this Court is of the view that the^{respondents-authorities} while are permitted to conduct investigation into the^Crime No.98O 12025, are directed not to interfere with^{the personal life &} liberty of the petitioner or the professional^{career of the petitioner,} except in accordance with law.