Makkala Kalpana Gunja Kalpana vs The State Of Telangana on 14 May, 2025

Telangana High Court

Makkala Kalpana Gunja Kalpana vs The State Of Telangana on 14 May, 2025

   THE HON'BLE SRI JUSTICE J.SREENIVAS RAO

            WRIT PETITION No.15123 of 2025

ORDER:

This writ petition is filed seeking the following relief:

“For the reasons stated in the accompanying
affidavit, the petitioner herein prays that this Hon’ble
Court may be pleased to issue an order or direction more
particularly one in the nature of Writ of Mandamus
declaring the action of the Respondent No. 5 in non-
following the provisions of criminal procedure code Sec.
41(a) or Sec. 35(3) of B.N.S.S. Act and trying to arrest the
Petitioner without following Hon’ble Apex Court in Arnesh
Kumar Vs. State of Bihar in Crime No.90 of 2025 on the
file of the Gandhi Nagar Police Station for the offence
U/Sec.420, 406, 380, 451, 457, 456, 441, 378 of IPC,
during the pendency of orders of this Honble High Court
by colluding with the Respondent No.6,7 is illegal and
arbitrary and violative of Articles 14, 15, 21 of Constitution
of India and also violative of natural justice and
consequently direct the Respondent No. 5 for not to
interfere into the peaceful life of the Petitioner and not to
interfere into civil disputes between the Petitioner and
respondent No.6 and 7 and consequently direct the
respondent No.5 to follow the provisions of Criminal
Procedure Code (Cr.P.C.) 1973 or Section 35(3) of B.N.S.S
and not to arrest the Petitioner, by following the directions
of the Honble Apex Court in Arnesh Kumar Vs. State of
Bihar in Crime No.90 of 2025 on the file of the Gandhi
Nagar Police Station for the offence U/Sec.420, 406, 380,
451, 457, 456, 441, 378 of IPC and pass such other order
2

or orders as this Hon’ble Court may deem fit and proper in
the circumstances of the case.”

2. Heard Sri Rapolu Bhaskar, learned counsel for the

petitioner and Sri R.Laxmikanth Reddy, learned Assistant

Government Pleader for Home Department, appearing for

respondent Nos.1 to 5.

3. With the consent of the learned counsel for the

parties, the writ petition is disposed of at the stage of

admission.

4. During the course of hearing, learned counsel for the

petitioner submitted that basing on the complaint lodged

by the respondent No.7, Crime No.90 of 2025 was

registered by the Station House Officer, Gandhi Nagar

Police Station for the offences under Sections 420, 406,

380, 451, 457, 456, 441 and 378 of the Indian Penal Code,

1860, on 10.04.2025. He further submitted that all the

offences levelled against the petitioner are punishable with

an imprisonment of less than seven years and the

respondent authorities without following the procedure

contemplated under Section 41-A of the Criminal

Procedure Code, 1973 (Cr.P.C)/Section 35(3) of the
3

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and

the guidelines issued by the Apex Court in Arnesh Kumar

v. State of Bihar 1 are trying to arrest the petitioner and

the same is contrary to law.

5. Learned Assistant Government Pleader for Home

Department has not disputed about the registration of

Crime No.90 of 2025 by the concerned police and has also

not disputed that the offences levelled against the

petitioner are punishable with an imprisonment of less

than seven years.

6. In the light of the aforesaid submissions, notice to

respondent Nos.6 and 7 is dispensed with.

7. In view of the submissions made by the learned

counsel for the parties, without going into the merits of the

case, this Court deems it appropriate to direct the

petitioner to appear before the Investigation Officer on or

before 20.05.2025. On such appearance of the petitioner,

the Investigation Officer is directed to scrupulously follow

the procedure contemplated under Section 41-A of

1 (2014) 8 SCC 273
4

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

the Apex Court in Arnesh Kumar (supra).

8. It is made clear that the petitioner shall cooperate

with the Investigation Officer for the investigation and

make herself available to the Investigation Officer as and

when required and also provide the

information/documents as sought by him to conclude the

investigation.

9. If the petitioner fails to cooperate with the

Investigation Officer for investigation, the Investigation

Officer is at liberty to take action against her in accordance

with law.

10. With the above direction, the writ petition is disposed

of. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall

stand closed.

____________________________
J.SREENIVAS RAO, J
14.05.2025

Note: Issue C.C by tomorrow.

B/o.

vs