Shivarathri Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Shivarathri Kumar 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 admission stage (with consent of counsel): petitioner directed to approach respondent No.3 on 04.11.2025 at 4.00 PM; respondent No.3 directed to serve notice under Section 35(3) of BNSS and conduct the investigation following due procedure; petitioner to co-operate with the investigation in FIR No. 297 of 2025; miscellaneous applications, if any, closed; no order as to costs.

Issue for consideration

Whether the action of the police in proceeding to arrest the petitioner in connection with Crime No. 297 of 2025 without following the procedure laid down under Section 35(3) of BNSS (41A of CrPC) is illegal, arbitrary and violative of Article 21 of the Constitution of India.

Court's answer

Writ petition disposed of with a direction to the petitioner to approach respondent No.3 on 04.11.2025 at 4.00 PM, and respondent No.3 is directed to serve notice under Section 35(3) of BNSS on the petitioner and conduct the investigation following the due procedure contemplated under law.

Ratio / Principle

The petitioner is directed to co-operate with the investigation in FIR No. 297 of 2025.

Key takeaways

The Court disposed of the writ petition without expressing any opinion on the merits of the case.obiter¶34

Detailed headnote1 paragraphs

Writ Petition under Article 226 (Telangana High Court, Single Judge, N.V. Shravan Kumar, order dated 03.11.2025) by a labourer facing proceedings in Crime No. 297 of 2025 (registered 11.09.2025 at Yadagirigutta Police Station under Section 303(2) of BNSS on a complaint of missing sheep), alleging that the police were proceeding to arrest him without issuing the notice required by Section 35(3) of BNSS (equivalent to Section 41A CrPC), in violation of Article 21. Heard at the admission stage with consent of both sides; the learned Assistant Government Pleader for Home submitted on instructions that if the petitioner approached the concerned police station, notice under Section 35(3) BNSS would be served. Without expressing any opinion on the merits, the Court disposed of the petition directing the petitioner to approach respondent No.3 (House Officer, Yadagirigutta Police Station) on 04.11.2025 at 4.00 PM, directing respondent No.3 to serve the Section 35(3) BNSS notice and conduct the investigation per due procedure, and requiring the petitioner to co-operate with the investigation. Miscellaneous applications closed; no order as to costs. No precedents cited.

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

IVONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

WRIT PETITI ON NO:33060 0F 202s

Between:

Shivarathri Kumar, S/o pochaiah Aged about: 33 yrs, Occ: Labour R/o G a t t u d u d d e e n a pa I I y V i I I a g e, X e s n a va p'a t n a m: M; "^{;'i,K a ri mn a g a r Di st ri ct}

...PETITIONER

AND

1 The State of Telanoana. R.p !y its.principal Secretary, Home Department , DR B R Ambed ka r ietansa n'a S6"i"turi.t, ElirZilo]'iiio"rauao.

2 The Commissionerate of po]'1ce, fagfrgkonda Commissionerate Vayupuri Cotony, Neredmet X Road, ueocnaL Miii4liri riiliiiJi'r erangana state

3 House Officer, yadagirigurta potice Station yadadri Bhongir 5[:r:"1r,'",

...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cJurt may be pleased to issue a writ, order or direction more one in the nature of wRIT oF MANDATVUS decraring the action of the respondent No.4 in proceeding to arrest the petitioner without foilowing the procedure raid down in section 35(3j of BNSS (41A ol cr.P.c.) is as iilegal, arbitrary, and vioration of Article 21 of the constitution of India in connection with crime No. 297 of 202s on the fire of the 3rd respondent.

lA NO:1 OF 2025

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd respondent to issue 3s(3) of BNss (41A of cr.p.c.) without taking any coercive steps against the petitioner/A-B in connection with crime No. 297 oi zozs

/n^{tne fite of 3rd respondentin the interest of justice pending,t isposalof the main} /'Writ Petition.

Counsel for the Petitioner: SRI CHEKKA RAJKUMAR

Counsel for the Respondents: ASST. GP FOR HOME

The Court made the following: ORDER

i;

THE HONOURABLE^{SRI JUSTICEN.V.SHRAVAN KUMAR}

WRIT PETITION^{No.33060 of 2025}

ORDER:

Heard learned^{counsel for the petitionerand learned} Assistart Government^{PleaderforHome-appearingfor} respondents.^{With their consent, this writ petitionis being taken} up for disposal^{at the admissionstage itself-}

This writ petition^{has been Iiled seekingthe following}

prayer:-

" d,ectanng ttte^{action of the respondent No'4 in} proceeding to an-rest^{the petitioner utithout} following^the procedure laid dotan^{in Section 353 of BNSS 41A of} CrPC as illegal,^{arbitrary and uiolation of Article 21 of} tlrc Corrstitution^{of India in connection uith Cime} No.297 of^{2025 on the} file^{of the 3rd respondent'"}

3.Thefactsofthecaseinbriefasstatedarethatpetitioneris a labourer^{and isresident of GattududdenapallyVillage,} Karimnagar^{District. It is submitted that petitioner and others} were falsely^{implicated in Cr'No'297 /2025 dated 11'O9'2025 on} the hle of^{YadeqiriguttaPolice Stationunder Section 303(2) of} BNSS on^{the complaintfiled by one M'Rameshwith regard to}

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missing of his sheep from the cattle shed. The ..nain grievalce of the petitioner is that the respondent authoritie: w.er€ not issuing notice under Section 35(3) of BNSS to the petit ;,.rer. euestioning the same this r,.,rit petition is filcd.

Learned Assistant Government pleader for :lorne appearing for respondents, on instructions, rvould sulrrnit that if the petitioner approaches concerned police stati ,:r. uotice under Section 35(3) BNSS would be served on the pr titioner enabling the petitioner t(,1ake appropriate steps.

Having considered the above facts and ci cumstances and rvithout expressing aly opinion on the merits r[ the case, this writ petition is, dispo""O of directing petitio t r to approach respondent No.ll on 04.ll.2O2S at 4.00 pM an : the respondent No.3 is directed to serve notice under Section tli(3) of BNSS to the petitioner and conduct investigation b following due procedure as contemplated under law. It is alsc rnarle clear that the petitioner shall co-operate with the inve , tigation in FIR No.297 of 2025.

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With the^{above direction,this writ petition is disposed of'}

Miscellaneous^{applications, if any pending, sha'li stand closed'}

No order as^{to costs}

SD/- M. NAGAMANI SI GISTRAR

//TRUE COPY//

S CTION^OFFICER

To, 1 The Principal^{Secretary, Home Departm"'}} ',Thg :l?19^{of Telansana'DR BR} ni-liliiiJr%ri^{nqana Secretatiat, Saif abad'Hvderabad'}

2 ?i#d;;i;i"-nlrat"^{oi P;li;;,iu;h;Ltnda commissionerateVavupuri} di";;'^Ni ; r;."t^{i no r o' rr/ll""i} "nii rr'Tii r'ui^g i'i^{D istri ct' Tel a ns an-a State}

3 iXJsi;il"ii ir,i^r t"^{off iL"|. Vr"oi g ins uti' Fbii"" Statio n Yad ad ri B ho ns ir} District

4 &"J ;'c to sRt^{GHEKKA RAJKUMAR,Advocate^[oPUC1} 6 rwo ccs to^{GP FoR HoMe, i{'[';'e"ltti6itrrest"te of telansana' [oUT]} 6 Two CD CoPies BN

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CC TODAY

HIGH COURT

NVSK,J

DATED:0311112025

ORDER

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WP.No.33060 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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