Narva Nagamani Alias Mallaiahgari ... vs The State Of Telangana,
2025 Latest Caselaw 118 Tel

Citation : 2025 Latest Caselaw 118 Tel
Judgement Date : 7 May, 2025

Telangana High Court

Narva Nagamani Alias Mallaiahgari ... vs The State Of Telangana, on 7 May, 2025

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

                WRIT PETITION No.15006 OF 2025

ORDER:

This writ petition is filed seeking the following relief:

" ... to issue an appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in threatening the petitioners to arrest the petitioners in Crime No.112 of 2025 on the file of the Police Station, Naryankhed Police Station, Sanga Reddy District, registered under Sections 115 (2) of BNS 3(1)(r)(s) 3(2)(va) SC/ST (POA) Act. If the petitioners do not settle the subject and 800 square yards in Sy.No.22/1 situated at Narayankhed village and mandal, Medak District is illegal, arbitrary and Article 21 of the Constitution of India and violation to the Law laid down by the Hon'ble Supreme Court in a case i.e. Arnesh Kumar vs State of Bihar at the behest of the 5th respondent as illegal, arbitrary, consequently direct the respondent Nos.2 to 4 to follow the guidelines laid down in the Judgment Arnesh Kumar vs. State of Bihar of the Hon'ble Supreme Court of India by issuing notice under Section 35(3) of BNSS and pass........"

2. Heard Mr.A.Prabhakar Rao, learned counsel for the

petitioners/accused Nos.1 to 3 and learned Assistant Government

Pleader for Home appearing for respondent Nos.1 to 4.

3. During the course of hearing, it is brought to the notice of

this Court that the offences leveled against the petitioners are

punishable with an imprisonment of less than seven years.

4. In view of the same, without going into the merits of the

case, this Court deems it appropriate to direct the petitioners to

appear before the Investigation Officer on or before 15.05.2025.

On such appearance of the petitioners, the Investigation Officer is

directed to scrupulously follow the procedure contemplated under ::2::

Section 41-A of the Criminal Procedure Code, 1973

(Cr.P.C.)/Section 35(3) of BNSS and the guidelines issued by the

Apex Court in Arnesh Kumar Vs. State of Bihar 1.

5. It is made clear that the petitioners/accused shall cooperate

with the Investigation Officer for the investigation and make

themselves available to him as and when required and also provide

the information/documents as sought by him to conclude the

investigation.

6. If the petitioners/accused fails to cooperate with the

Investigation Officer for investigation, the Investigation Officer is at

liberty to take action against them in accordance with law.

7. Subject to the above directions, the Writ Petition is disposed

of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.