Kota Ramulu, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kota Ramulu, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No declaratory relief granted. Writ petition disposed of with a direction to the petitioner to approach the Investigation Officer in FIR No.622 of 2025 and respond to the notice under Section 35(3)(4) BNSS within one week; miscellaneous applications closed; no order as to costs.

Issue for consideration

Whether the action of the 2nd respondent (Station House Officer) in trying to arrest the petitioner/A1 in connection with FIR No.622 of 2024 dated 18.12.2024 without following the procedure contemplated under Section 41-A Cr.P.C. and the Arnesh Kumar guidelines is illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India.

Court's answer

The Court recorded the State's submission that notice under Section 41-A(1) Cr.P.C. (Section 35(3) BNSS) was issued to the petitioner on 18.12.2024 and that a further notice under Section 35(3)(4) BNSS was issued on 18.02.2025; a copy of that notice was served on the petitioner's counsel.

Ratio / Principle

In view of the notices so issued, the writ petition is disposed of with a direction to the petitioner to approach the Investigation Officer in FIR No.622 of 2025 (printed thus; elsewhere FIR No.622 of 2024) and respond to the notice under Section 35(3)(4) BNSS within one week.

Key takeaways

Miscellaneous applications, if any pending, shall stand closed and there shall be no order as to costs.ratio¶32-33

Detailed headnote1 paragraphs

High Court for the State of Telangana (Single Judge, B. Vijaysen Reddy, J.), Writ Petition No.5645 of 2025, decided 24.02.2025: Kota Ramulu sought mandamus under Article 226 declaring that the Station House Officer, Karimnagar Rural Police Station acted illegally and arbitrarily in attempting to arrest him as A1 in FIR No.622 of 2024 dated 18.12.2024 without following Section 41-A Cr.P.C. and the Arnesh Kumar v. State of Bihar guidelines, in violation of Articles 14 and 21. The Assistant Government Pleader for Home stated on written instructions that notice under Section 41-A(1) Cr.P.C. (Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha, 2023) was issued to the petitioner on 18.12.2024, investigation continuing for notice to A2 and A4, and produced a further notice under Section 35(3)(4) BNSS stated to be dated 18.02.2025, which the Court caused to be served on the petitioner's counsel. In view thereof the Court disposed of the writ petition directing the petitioner to approach the Investigation Officer and respond to the Section 35(3)(4) BNSS notice within one week, closed pending miscellaneous applications, and made no order as to costs.

Xr^i.:.:r '

[³¹⁸³ ]

HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENry FOURTH DAY^{OF FEBRUARY} TWO THOUSAND AND TWENTY FIVE

PRESENT

.THE HONOURABLE^{SRI JUSTICEB.VIJAYSEN REDDY}

, WRIT PETITION NO: 5645 OF 2025

Between:

Kota Ramulu, S/o. KotaRayamallu^{Aged about 59 years,Occ . Agriculture} R/o. H.No.2-10-586, Jyothi Nagar^{KarimnagarMandaland District.}

AND

...PET|T|ONER

The State of Telangana, Rep- by its Principal^{Secretary Home Department} Secretariat, Hyderabad, TG.

The Station Hbuse Officer, Kariniinagar^{Rural PoliceStation Karimnagar} Diskict, T.G.

Avula Renuka, Wo. Sampath Aged about^{33 years, Occ. Housewife} R/o.Metpalli Village, Sharikarapdtnam^{Mandal Karimnagar District, T.G.}

...RESPONDENTS

Petition under Article 226 ot lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Courtmay be} pleased to issue an appropriate Writ, Order or Direction,^{more particularlyonein} the nature of writ of Mandamus,^{declaringthe action of the 2ndRespondentin} trying to arrest the Petitioner/A1 highhandedly^{in connectionwith F.l.R.No.622 of} 2024 dated 18.12.2024 on the the of^{2nd respondentPolice station without} following the^procedure contemplated^{under Sec.41 A Cr.P.C. and in contraryto} the guidelines issued by the Hon ble^{Apex court in Arnesh Kumar V/s. State of} Bihar as illegal, arbitrary, unconstitutional^{and violationof Article 14 and 21 of} constitution of lndia and consequently^{directthe 2ndrespondentto followthe} procedure contemplated U/Sec.41 A Cr.P.C. in^{relation to the Crime F.l.R.No.622} of 2024 dated 18.12.2024 as against^{the Petitioner/A1.}

lA NO: 1 oF 2025

Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd Respondent to follow the procedure contemplated U/sec.41-A cr. P.c. and guidelines issued by the Hon'ble Apex court in Arnesh Kumar vs. state of Bihar in relation to F.l.R.No.622 of 2024 daled 1g.12.2024 registered against the petitioner/A1 on the file of 2nd respondent s police station, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRI MEGHANA ADDLA SUNEEL Counsel for the Respondent Nos..l & 2: AGp FOR HOME Counsel for the Respondent No.3: --

The Court made the following: ORDER

I,

THE HON,BLE SRI JUSTICE^{B. VIJAYSENREDDY}

WRIT P ION No.5645 of 2O25

ORDERT

\ \

The writ petition is ,filed to declare the^{action of the} reipondent No.2 6 in trying to arrest^{the petitioner-A1in} connection with FIR.No.622 of^{2024withoutfollowingthe procedure} contemplated under Section 41 of^{the Criminal ProcedureCode,} !973, as being, arbitrary and illegal.

Learned Assistant Government^{Pleader for Home, on the} basis of written instructlons, submitted that^{notice underSection} 41-A(1) Cr.P.C. (Section 35(3)^{of the Bharatiya Nagarik Suraksha} Sanhitha, 2023) was issued to^{the petitioner on 18.12.2024 and the} case is under investigation for^{serving notice to 42 and A4. Learned} Assistant Government Pleader^{producedcopy of the noticeunder} Section 35(3X4) BNSS issued^{to the petitloner on 18.02.2025.}

Copy of the notice under^{Section 35(3X4)BNSS is servedon} the learned counsel for the^petitioner.

In view of the above, the^{writ petition is disposedof with a} direction to the.petitioner to^{approachthe Investigation OfficerIn} FIR.No.622 of 2025 and respond^{to the notice under Section} 35(3X4) BNSS within one^{weekfrom today.}

2

The miscellaneous applications, if any pending, shall stand

closed' There shall be no order as to costs'

sD/- T.vrJAy KU AR ASSISTANT REGIS RAR

//TRUE COPY//

\

SECTION OFFICER

To

1 The Principal Secretary Home Department Secretariat, Hyderabad, TG, State of Telangana.

2 Ilq 9latfol^{House Officer, Kariminagar Rural potice Station Karimnagar} District, T.G.

3 One CC to SRI MEGHANAADDLASUNEEL, Advocate [OpUC] 4 Two CCs to GP FOR HOME, High Court for the State of Telang'ana, at Hyderabad. [OUT]

5 Two CD Copies

PSK.

o PS

CC TODAY

,

HIGH COURT

DATED:2410212025

ORDER

WP.No.5645 of 2025

./: --
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..

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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