Disposed¶63

Mir Barkat Ali Khan v. The State of Telangana

Telangana HC2 Apr 2025WP/8301/2025

Case brief

AI extract

What is this about?

Telangana High Court; WP No.8301 of 2025; Writ Petition; Article 226 mandamus; police summons without arraying as accused; Arnesh Kumar procedure; Section 35(3) BNSS notice; Section 151 CPC application; man missing FIR Cr.No.990/2024 dated 11-07-2024; six connected FIRs; Narsingi Police Station, Cyberabad; investigation to proceed strictly in accordance with law; disposed of without costs; miscellaneous petitions closed.

What did the court decide?

Subject to the above direction, the Writ Petition disposed of without costs; respondent authorities to conduct investigation into all six crimes registered, including Cr.No.990/2024, and take further action strictly in accordance with law; miscellaneous petitions, if any pending, stand closed. ¶63

Mir Barkat Ali Khan Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the respondent authorities in calling the petitioners to the police station without arraying them as accused in any crime, including Cr.No.990/2024 dated 11-07-2024 (man missing case), and without following the due procedure laid down by the Apex Court in Arnesh Kumar's case, is illegal and arbitrary.

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Court's answer

Taking the Government Pleader's submission on record, and since it is stated that the petitioners are not arrayed as accused in any of the crimes, including Cr.No.990/2024 dated 11-07-2024, as of date, the Court formed the view on that basis.

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Ratio / Principle

On that view, the respondent authorities are to be directed to conduct the investigation into all the six crimes registered, including Cr.No.990/2024, and to take further action strictly in accordance with law.

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Detailed headnote1 paragraphs

Telangana High Court (T. Vinod Kumar, J.) disposed of, at admission stage and without costs, a writ petition (WP No.8301 of 2025, decided 02-04-2025) filed under Article 226 of the Constitution of India by five persons who alleged that the Cyberabad police (Narsingi Police Station) were calling them to the police station even though they had not been arrayed as accused in any crime, including Cr.No.990/2024 dated 11-07-2024 (registered on a 'man missing' complaint), out of which six FIRs in total stood registered as of date, and without following the due procedure laid down by the Apex Court in Arnesh Kumar's case; the accompanying application sought a direction to issue notices under Section 35(3) of BNSS. On the Government Pleader's submission, taken on record, that the petitioners stood unarrayed as accused with the investigation still in progress, the Court directed the respondent authorities to conduct the investigation into all the six registered crimes including Cr.No.990/2024 and to take further action strictly in accordance with law, and closed the pending miscellaneous petitions.

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[^{3166 j}

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 8301 OF 2025

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Between:

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lt/ir Barkat Ali Khan, S/o. Mir Thilavath Ali Khan Aged about 32 years, Occ. Business, R/o. Santhoshnagar, Saidabad [/andal, Hyderabad.

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Shakeel, S/o. Jakir Hussain Aloud Wale Aged about 25 years, Occ. Pvt. Service R/o. H.No. Tadola, WC Basvakalyan Bidar, Karnataka.

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) 3. tvld ldris, S/o. fi/ld. lmam Pasha Aged about 25 years, Occ. Business R/o. H.No.2-1 1, Near SBI Bank Amarabad fvlandal, Ivlannanur, lt/lahaboobnagar.

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Shreyanshi Jaiswal, D/o. Ashwin Kumar Jaiswal Aged about 23 years, Occ. Law Student R/o. H.No.11-6-450, Jaiswal Compound Beside Nikhil ltrledical Hall, Bazar Ghat Road, Nampally, Hyderabad.

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lVohd. Aneesuddin, S/o. Mohd. Anwar Uddin Aged about 65 years, Occ. Pvt. Service R/o. Abids, Hyderabad.

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...PETITIONERS

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AND

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'1 . The State of Telangana, Rep by its Principal Secretary Home Department, Secretariat, Hyderabad.

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The Commissioner of Police, Cyberabad.

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The Station House Officer, Narsingi Police Station Narsingr.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or directions more particularly. a Writ in the nature of mandamus declaring the action of the respondents calling the petitioners to the police station without following the procedure as laid down in Arnesh Kumars case and consequently direct the Respondents to follow due process

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lA NO: 1 OF 2025

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Petition under section^{151 CPC prayingthat in the circumstancesstated} in the affidavit filed^{in support of the petition,the Highcourt may be pleasedto} direct the respondents^{to issue noticeundersection35 (3) of BNSSandsuch} other orders

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Counsel for the^{Petitioner:SRl. S. SHARAT KUMAR}

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Counsel forthe^{Respondents:GPFORHOME}

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The Court made^{the following:ORDER}

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IION'BLE SRI JUSTICE T. VINOD KUMAR

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WRIT PETITION No.830I of 2025

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olll)EIt:

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Heard leamed counsel for petitioners and leamed Govemment Pleader for Home appearing on behalf of respondents,^{and perusedthe} record. With the consent of the counsel appearing^{for the respective} parties, the Writ Petition is taken up for hearing and^disposalat admission stage.

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The case of the petitioners in brief is that the^respondent authorities are calling the petitioners to 3'd respondent-Police Station without they being arrayed as accused in any crime including Cr.No.990/2024 dated 1l-07-2024 registered for man missing^case and also without following due procedure laid down by the Apex Court in Arnesh Kumar Vs. State of Bihar and anotherl,^which action of the respondent authorities, it is contended as highly illegal and arbitrary.

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Per contra, leamed Govemment Pleader for Home appearing on behalf of respondents submits that initially, on the respondents registering a case vide Cr.No.990/2024 dated 11-07-2024 on the basis of complain regarding of Man missing and taking up investigation

'^{atn zo14 sc2256}

there into, f-r'e subsequent crimes relating to obstruction of officials on duty and trespass have been registered involving the same subject property, thus, in all there are 6 F.l.Rs. registered as ofdate arising out of or in connection Cr.No.990/2024.

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Leamed Govemment^pleader would further submit that the petitioners herein are not arrayed as accused in Cr.N.995/2024 dated I l-07 -2024 at present as the investigation into the aforesaid crime is in progress.

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Learned Govemment Pleader further submits that since, the petitioners are not arrayed as accused at present, the authorities would take further action in the matter by following the process of law and if their involvement in the commission of aforesaid crime is found during the course of investigation,.

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The afbresaid submission made by the leamed Govemment Pleader for Home appearing on behalf of respondent is taken on record.

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7 . In view of the aforesaid submission, since it is stated of the petitioners not being arrayed as accused in any of the crime including Cr.No.990/2024 dated 11-07-2024 as of date, this Court is of the view

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that the respondent authorities are to be directed to conduct

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investigation into all the 6 crimes registered including Cr.No.990/2024

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and take further action strictly in accordance with law.

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Subject to above direction, the Writ petition is disposed of. No

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costs.

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Consequently, miscellaneous petitions, if any pending shall

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stand closed.

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SD/-P. CH.^{NAGABHUSHAMBA} UTY REGISTRAR

,TRUE COPY/i

ECTION OFFICER

To,

1 The Principal Secretary^{Home Department' Secretariat'T S} 'Hyderabad' i. fh" Cornrnissioner^{o{ Police Cyberabad'} :. +i.iE 5;idiror..^{otti"",,triar6ingiPolice Station-l\Larqlgi} ;. o;;;E i; snl^{S. snnanrKUI\IIARAdvocate[oPUC]-} ; i;; ddti"-ci^{Fon ubrr,rr,uign courttor the State of relanganaat} Hyderabad [OUT] 6. Two CD^CoPies

BYJ(Y

HIGH COURT

DATED:02104t2025

ORDER

WP.No.8301 of 2025

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