Telangana High Court
Gangadari Uppalaiah vs The State Of Telangana on 4 June, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.15490 of 2025
ORDER:
Heard Learned Counsel appearing for the petitioners,
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 petitioners submits that
the petitioners are accused Nos.1 and 2 in Crime No.36 of
2025 on the file of Chinnagudur Police Station,
Mahaboobabad District dated 31.05.2025 registered for the
offences under Sections 296(b), 324(4) and 351 read with
Section 3(5) of Bharatiya Nyaya Sanhita (for brevity, ‘BNS’)
and Sections 3(1)(r)(s)(c) and 3(2)(Va) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
and they are no way concerned with the said case and they
have been intentionally dragged into the instant case.
3. Learned counsel for the petitioners further
submits that without issuing notice to the petitioners
under Section 41-A of IPC/Section 35 (3) of BNSS, 2023 in
connection with Crime No.36 of 2025 on the file of
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Chinnagudur Police Station, Mahaboobabad District dated
31.05.2025, the respondent No.3-Station House Officer is
calling the petitioners to the Police Station time and again.
4. Learned Assistant 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.
5. In view of the submissions made by the both sides,
the writ petition is disposed of directing the respondent
No.3-Station House Officer to issue notice to the
petitioners/Accused Nos.1 and 2 under Section 41-A of
IPC/Section 35 (3) of BNSS, 2023 in connection with Crime
No.36 of 2025 on the file of Chinnagudur Police Station,
Mahaboobabad District dated 31.05.2025. On receipt of
such notice, the petitioners are 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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Miscellaneous petitions, if any, pending shall stand
closed.
_____________________
JUSTICE K.SARATH
Date:04.06.2025
Mrm/ynk
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