Telangana High Court
Krishna Moorthy vs The State Of Telangana on 27 June, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 18024 of 2025
ORDER:
Heard learned counsel for the petitioners, learned Government
Pleader for Home appearing for respondent Nos.1 to 4, and with the
consent of the learned counsel appearing for the parties, the Writ Petition
is taken up for hearing and disposal at the admission stage.
2. Shorn of unnecessary details, the case of the petitioners, in brief, is
that, the 4th respondent is harassing them and their family in connection
with STCNI No.3762 of 2024 pending on the file of the X Metropolitan
Magistrate, Manoranjan Complex, Hyderabad, by making calls and sending
messages via whatsapp without issuing any notice or copy of the
complaint, which action of the respondents-authorities it is contended as
illegal, arbitrary and in violation of Articles 14, 19 and 21 of the
Constitution of India.
3. Per contra, learned Government Pleader for Home appearing on
behalf of respondent Nos.1 to 4, while denying the writ averments, would
submit that based on the complaint given by one Shyam Ram Chandani,
the authorities have registered a case, vide Crime No.19 of 2025
dt.24.01.2025, wherein the 1st petitioner is arrayed as accused No.3, 2nd
petitioner is arrayed as accused No.2 and that the respondents-authorities
are investigating into the aforesaid crime.
2
4. Learned Government Pleader further submits that since, the
authorities have registered the aforesaid crime, wherein the petitioners
are arrayed as accused, the respondents-authorities have called them to
cooperate with the investigation by receiving the notice under Section
35(3) of BNSS, 2023.
5. Learned Government Pleader further submits that the petitioners
without coming forward to receive the notice which the respondents-
authorities intend to issue have filed the present Writ Petition by making
baseless allegations.
6. Having regard to the submissions made as above, though the
petitioners by the present Writ Petition claim of the respondents-
authorities calling them in connection with STCNI 3762 of 2024 pending
on the file of X Metropolitan Magistrate, Hyderabad, the fact that another
case, vide Crime No.19 of 2025 dt.24.01.2025 having been registered
against the petitioners who are arrayed as accused Nos.3 and 2 therein,
and the respondents-authorities in connection with the aforesaid crime
having called them for serving notice under Section 35(3) of BNSS, this
Court is of the view that the respondents-authorities are to be directed to
serve notice under Section 35(3) of BNSS.
7. At this stage, learned counsel for the petitioners appearing on
behalf of the petitioners would submit that the petitioners would approach
3
the 3rd respondent authority on 10.07.2025 to collect the notice under
Section 35(3) of BNSS and cooperate with the investigation by furnishing
the information/documents as may be sought for thereunder.
8. The aforesaid submission made by the learned counsel appearing
on behalf of the petitioners is placed on record.
9. Since, the petitioners now express readiness to cooperate with the
investigation by receiving the notice under Section 35(3) of BNSS, this
Court is of the view that the respondents-authorities are to be directed to
issue notice under Section 35(3) of BNSS to the petitioners on 10.07.2025
and conduct investigation thereinto, in accordance with law.
10. Subject to above direction, the Writ Petition is disposed of. No
order as to costs.
11. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed.
__________________
T. VINOD KUMAR, J
Date:27.06.2025
GJ