Mohd Rizwan Ilyas Vs The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue and writ, order or direction more particularly one in the nature of writ of [tr'landamus under Arlicle 226 of Constitutron of lndia declaring the action of the 3rd Respondent in calling the petitioner to the police station without issuing any notice under Sec.35(3) BNSS and without following the guidelines laid down in the case of Arnesh Kumar v. State of Bihar as illegal, arbitrary, abuse of process of law, unjust and violation of Articles^'1 4, 1 6 and 21 of the Constitution of lndia and consequently direct the respondent police authorities not to call the petitioner to the police station without following due process of law in interest of justice and equity.

¶16

lA NO: 1 OF 2025

¶17

Petition under Section 151 CPC praying that in the c r ;umstances stated in the affidavit filed in suppo( of the petition, the High CoL r may be pleased to direct the 3rd respondent herein not to harass the petitionr r by calling him to the police station or inlerfere with the personal life and liberty,r the petitioner in any manner without follolving due process of law, pending Iisposal of this writ petition

¶18

Counsel for the Petitioner : SRI S.M.SAIFULLAH

¶19

Counsel for the Respondents: ASST. GP FOR HOME

¶20

The Court made the following: ORDER

¶21

i I I i I Ii I l

¶22

IN THE IIIGH COURT^{FORTHESTATE OF TELANGANAATITYDERABAD}

¶23

THE HONOURABLE^{SRI JUSTICE N.V. SHRAVAN KUMAR}

¶24

W.P. No.36417 of^2o25

Date:18.12.2O25

Between:

Mohd Rizwan IIYas

Petitioner

And

The State of Telangana, Represented by^{its PrincipalSecretary,} Home Department,

¶31

Secretariat, Hyderabad^{and Two others}

¶32

Respondents

¶33

ORDER

¶34

Questioning^{the actionof the respondentNo 3, StationHouse} Ofhcer, Dabeerpura,^{in calling the petitioner to the PoliceStation} without issuing any^{notice underSection35(3) BNSS, petitioner hled} lhe present writ^{petitionwith a conscquential prayer to direct the} rcspondent Police not^{to call the petitioner to the Police station} without following due^{processof law.}

¶35

The learned counsel^{for the petitionerwould submit that the} respondents Police have^{informedthe petitioner that a complaint has} been lodged against the^{petitionerand forced to do as per their} instructions or else the^{petitionerwill be implicatedin false cases and} threatened with dire consequences.^{Hence, the petitioner filedthe} present writ petition.

¶36

2

¶37

The learned Assistant Government pleader fc r Ilome has placed a copy of thc ir-rstructions dated 2g.rr.2025 01- r ie Station House officer, Daber:rpura, wherein it is stated that on 15 r .2o25 reccived a petition from the petitioner against one Neha Il() um alleging that since 2023, thr: petitioner has been supporting mor ctary help for her livelihood and thercafter. she started blackmaili.r; to exrort huge money from him. Based on the saidrcomplaint, et rt ry uras made vide Petltion No.O0639 and took up the enquiry. ln the f rocess of enqlriry, pctrtioner was contacted to establish his allegat r ns against Ncha Bcgum and on 17 .11 .2025 petitioner came to thc I oiice Station and altcr corrobo]-ation with the contents the petitior lr \vas asked to produce anv rvitness or evidence to prove his allcg.r ron agarnst Neha Begum and l'rc promised to produce the same . vithin feu, days. lnstead of proclucing any evidence, petitioner filerl rhe present writ pcritiorr n irh I rlsl allt.gations.

¶38

At this jtrncturc, the learned counsel for Lh . petitioner would submit that thc pctitioner will produce eviden.: :,/information ln support of his complaint.

¶39

5 In that '.,icu'ol the matter, recording the subr rssions made by the learned counsel on either side and q,it.t their consent, this rvrit petiti.n rs disposed of directing the respontl nts police that if the petitioner approaches with the relevant infor nation/cvidence, lhe respondent No.p- shall consider the same and _:rke appropriate action strictl_v in accordance with law and follow lre proceclure as

¶40

3

¶41

contemplated under law before taking any action against the petitioner

¶42