Telangana High Court
Mir Shujath Ali Khan vs State Of Telangana on 4 June, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.15458 of 2025
ORDER:
Heard Learned Counsel appearing for the petitioner,
learned Government Pleader for Home appearing for the
respondents. With the consent of the both sides, the writ
petition is disposed of at the stage of admission itself.
2. Learned counsel for the petitioner submits that the
petitioner is the brother of the accused No.6 in Crime
No.280 of 2024 on the file of Chaderghat Police Station,
Hyderabad District dated 28.08.2024 registered for the
offences under Sections 305, 338, 340(2), 319(2) r/w 3(5) of
Bharatiya Nyaya Sanhita (for brevity, ‘BNS’) and he is no
way concerned with the said case and he has been
intentionally dragged into the instant case and forcing him
to settle the civil dispute with the de facto complainant.
3. Learned counsel for the petitioner further
submits that without issuing notice to the petitioner under
Section 41-A of IPC/Section 35 (3) of BNSS, 2023 in
connection with Crime No.280 of 2024 on the file of
Chaderghat Police Station, Hyderabad District, dated
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28.08.2024, the respondent No.2-Station House Officer is
calling the petitioner to the Police Station to withdraw the
said case.
3. Learned Government Pleader for Home submits
that the official respondents will follow due procedure as
contemplated under Section 41-A of IPC/Section 35 (3) of
the BNSS, 2023.
4. In view of the submissions made by the both sides,
the writ petition is disposed of directing the respondent
No.2-Station House Officer to issue notice to the petitioner
under Section 41-A of IPC/Section 35 (3) of BNSS, 2023 in
connection with Crime No.280 of 2024 on the file of
Chaderghat Police Station, Hyderabad District, dated
28.08.2024. On receipt of such notice, the petitioner is
directed to respond to the said notice. Thereafter, the
respondents are directed to follow due procedure as per the
BNSS, 2023 and the guidelines issued by the Hon’ble
Supreme Court in Arnesh Kumar v. State of Bihar 1 .
There shall be no order as to costs.
1
(2014) 8 SCC 273
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5. Miscellaneous petitions, if any, pending shall stand
closed.
_____________________
JUSTICE K.SARATH
Date:04.06.2025
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