Telangana High Court
Thopajibala Raju Mentioned As Topai ... vs The State Of Telangana on 22 July, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.21048 OF 2025
ORDER :
(ORAL)
This writ petition is filed by the petitioners seeking to
declare the action of respondent authorities in interfering with their
personal liberty in connection with Crime No.143 of 2025 of
Tandur Town Police Station, in violation of the judgment of the
Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 1, as
being illegal and arbitrary.
2. Heard Mr. Abhinav Krishna Uppaluri, learned counsel for
the petitioners, and Mr. B. Sridhar, learned Assistant Government
Pleader for Home, appearing for respondents.
3. Learned counsel for the petitioners submitted that the
petitioners are accused in Crime No.143 of 2025 of Tandur Town
Police Station registered under Sections 126(2), 324(4), 115(2),
352 and 351(2) read with Section 3(5) of the Bharatiya Nyaya
Sanhita 2023 (BNS). Despite all the offences in the above crime
are punishable with imprisonment for a term less than seven (7)
(2014) 8 SCC 273
years, respondents - Police are not issuing notice under Section
35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) to
the petitioners. The petitioners are falsely implicated in the above
crime, as the petitioner No.1 is a political activist and karyakartha
of Hindu Vahini.
4. Learned counsel for the petitioners further submitted that the
petitioners and their friends were consuming food and drinks in a
party hosted by their friend at Durga Bar and Restaurant, Tandur,
then one the restaurant staff asked them to vacate the cabin
occupied by them as the Circle Inspector of Police, Tandur Police
Station, wanted to have a party there. As the petitioners and others
refused to leave the cabin, four (4) constables entered into the
cabin and assaulted the petitioners.
5. Learned Assistant Government Pleader for Home submitted
that a concated story is created by the petitioners. In fact, on
receipt of dial 100 call from the staff of Durga Bar and Restaurant,
Police went there to control the petitioners, as they were creating
nuisance in the restaurant.
6. Learned Assistant Government Pleader for Home, placed on
record, the written instructions and submitted that the petitioners
were earlier involved in Crime No.81 of 2020 and Crime No.98 of
2020 of Peddemul Station, and Crime No.21 of 2023 of Yalal
Police Station. Crime No.81 of 2020 was ended in compromise
before Lok Adalat. In Crime No.98 of 2020, charge sheet was filed
in C.C. No.554 of 2021 and the case ended in acquittal on
30.04.2025. Crime No.21 of 2023 is pending trial in S.C. No.559
of 2023.
7. Learned Assistant Government Pleader for Home further
submitted that the incident has gone to the notice of
the Superintendent of Police, Vikarabad District, who conducted
detailed enquiry through the Sub-Divisional Police Officer, Tandur
Sub-Division, Vikarabad District, and as per the enquiry report
vide No.179/SDPO-T/VKB/2025 dated 17.07.2025, it was revealed
that the staff of respondent No.4 only attended the dial 100 call,
and as the petitioners were in drunken condition and created
nuisance at the public place, they were sent to their home, by
following due procedure. Police neither detained the petitioners
nor seized their mobile phones, or taken any coercive steps against
them.
8. Learned Assistant Government Pleader for Home also
submitted that when the staff of respondent No.4 tried to serve
notice under Section 35(3) of BNSS on the petitioners, they were
not available at their residence.
9. In view of the submissions of both the learned counsel,
without entering into the controversy regarding the allegations
made by the petitioners and counter allegations made by the
respondents - Police, as innocuous relief of directing the Police to
comply with mandatory procedure contemplated under Section
35(3) of the BNSS is sought for, and considering that all the
offences in Crime No.143 of 2025 of Tandur Town Police Station
are punishable with imprisonment for a term less than seven (7)
years, respondent No.4 - the Station House Officer, Tandur Police
Station, is directed to comply with the procedure laid down under
Section 35(3) of the BNSS and guidelines issued by the Hon'ble
Supreme Court in Arnesh Kumar's case (supra). Further, the
petitioners are directed to cooperate with the investigation in Crime
No.143 of 2025 of Tandur Police Station, and they are at liberty to
approach the State Police Complaint Authority, Telangana, in
connection with alleged assault by the Police officers in the
restaurant and subsequent events.
10. With the above observations, the writ petition is disposed of.
There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in this writ petition stand closed.
______________________
B. VIJAYSEN REDDY, J
July 22, 2025
Note: Issue CC by 23.07.2025 (BO) MS.
