Telangana High Court

WP/33398/2023 of Bandi Sreenadh Vs State of Telangana on 29 December 2023

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 33398 OF 2023 Between: Bandi Sreenadh, S/o. B.Markondaiah, Age 37

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENW THREE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 33398 OF 2023

Between:

Bandi Sreenadh, S/o. B.Markondaiah, Age 37years, Occ. Business, R/o.Gadicheruvu Palli, Peddagottipalli, Rompicherla,Chittoor District.

...PETITIONER

AND

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1. State of Telangana, rep. by its Principal Secretary, Home Department,Secretariat Hyderabad.Secretariat Hyderabad.

2. The Director General of Police, Telangana.

3. The Superintendent of Police, Kamareddy District, Telangana.

4. The Commissioner of Police, Hyderabad Commissionerqte, [Telangana.]

5. The Commissioner of Police, Rachakonda Commissionerate, [Telangana.]

6. The Commissioner Of Police, Nizamabad Commissionerate, [Telangana.]

7. The Station House Officer, Cyber Crime Police station, [Cyberabad]C omm iss io ne rate, Telangana State.C omm iss io ne rate, Telangana State.

B. The Station House Officer, Ameenpur Police Station, [Ameenpur, ][Sangareddy]District, Telangana State.District, Telangana State.

9. The Station House Officer, Vanasthalipuram [Police Station, Vanasthalipuram,]Rachakonda Commissionerate, Telangana.Rachakonda Commissionerate, Telangana.

10. The Station House Officer, Saroornagar Police [Station, ][Saroornagar']Rachakonda Commissionerate, Telangana. State.Rachakonda Commissionerate, Telangana. State.

'1 1 . The Station House Officer, Meerpet Police Station, Meerpet, RachakondaCommissionerate, Telangana State.Commissionerate, Telangana State.

'12. The Station House Officer, Malkajgiri Police Station, Malkalgiri, RachakondaC om m iss io nerate, Telangana State.C om m iss io nerate, Telangana State.

'13.The Station House Officer, L.B.Nagar L and O Police station, L.B Nagar,Rachakonda Commissionerate, Telangana [State.]Rachakonda Commissionerate, Telangana [State.]

14. The Station House officer, Cyber Crime [(CYB) Police station, ][Cyberabad]Commissionerate.Commissionerate.

1 5. The Station House officer, Chaitanyapuri Police station, RachakondaCom m ission e rate, Telangana State.Com m ission e rate, Telangana State.

...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction especially one in the nature of Writ ofMandamus against the respondents, particularly the 1st and 2nd Respondent todirect all the police stations working under their jurisdiction to follow the law laiddown in ArneshKumars case as well as the principles laid down in SatenderKumar Antil Vs. Central Bureau of lnvestigation while conduction investigationinto any crimes which attract 7 years punishment registered against the brotherof petitioner Shaik Sohel and more particularly the crimes that are registered withthe respondents no. 8 to I5 against the brother of petitioner Shaik Sohel andsuch other cases which are framed across the state and also refrain them fromobtaining PT Warrants into any crimes which attract 7 years punishmentregistered against the brother of petitioner Shaik Sohel and more particularly thecrimes that are registered with the respondents no. 8 to 15 against the brother ofpetitioner Shaik Sohel.

lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondent no. I to 15 to not take any coercive steps against thebrother of petitioner Shaik Sohel by strictly following ArneshKumars case as wellas the principles laid down in Satender Kumar Antil Vs. Central Bureau oflnvestigation thereby also refraining them from obtaining PT Warrants pendingdisposal of this writ petition.

Counsel for the Petitioner: SRI NAGESHWAR RAO PUJARI

Counsel for the Respondents: AGP FOR HOME

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.33398 of 2o23ORDER:

The case of the petitioner is that his brother is anaccused in Crime No.7O8 of 2023 registered for the offencespunishable under Section 42O of I.P.C. and Section 66-D ofthe Information Technologr Act, 2000-2008. It is the case ofthe petitioner that the punishment prescribed for theoffences alleged against his brother are below seven years,therefore, it is mandatory on the part of the respondents tofollow the procedure contemplated under Section 4 1-A ofCr.P.C. and also the guidelines issued by the Hon'ble ApexCourt in Antesh Kumar Vs. State oJ Bihorl. Thegrievance of the petitioner is that respondent No.7 withoutfollowing the procedure as contemplated under the aboveprovisions of law, making efforts to apprehend the brother ofthe petitioner in other cases, wherein the [punishment]prescribed for the offences are below seven years stating thatP.T. Warrants are pending against the [petitioner.]

'(zo [r) ][a ][scc ][zl:]

II

Learned Assistant [Government ][Pleader ][for ][Home]

2. for the [respondents, ][on ][instructions' ][would]appearing submit that P.T. [warrants ][are ][pending ][against ][the ][brother ][of]the petitioner and [the ][police ][will ][follow ][the ][procedure ][as]prescribed in Cr.P.C.

In view of the above view of the above the above above [[submissions, ]][[this ][Court, ][deems ][it]][[Court, ][deems ][it]][[deems ][it]][[it]]

3. In view of the above view of the above the above above [[submissions, ]][[this ][Court, ][deems ][it]][[Court, ][deems ][it]][[deems ][it]][[it]]to [dispose ][of ][the ][writ ][petition, ][if ][the ][offences]appropriate alleged against the [brother ][of ][the petitioner ][are below ][seven]years, the respondents are [directed ][to ][follow ][the ][procedure]under [Section ][41-A of Cr'P'C' and ][also the]as contemplated guidelines issued by the [Hon'ble Apex ][Court ][in ][Arnesh]Kumar's ccse [(supra).]

With the above observations, the above observations, above observations, [this Writ ][Petition ][is]

4. With the above observations, the above observations, above observations, disposed of. There [shall ][be no ][order ][as ][to ][costs.]

5. Miscellaneous Petitions, if any, [pending ][in ][this ][writ]petition shall stand closed.

ASSTSPI$ivR?3'EfitR

ASSTSPI$ivR?3'EfitR//rRUE coPY/' "EcrtoMbFFlcER

To,1The Principal [Secretary' Home ][Depa(ment' ][Secretariat ][Hyderabad' ][State ][of]Telangana.1The Principal [Secretary' Home ][Depa(ment' ][Secretariat ][Hyderabad' ][State ][of]Telangana.2The DirectorGeneral [of Police' Telangana']3The SuPerintendent of [Police, Kamareddy District, Telangana]3The SuPerintendent of [Police, Kamareddy District, Telangana]

4. The Commissioner of Police, Hyderabad Commissionerate, Telangana.

5. The commissioner of [porice, ]Rachakonda commissionerate, Terangana.

Terangana.6. The Commissioner of [police, ]Nizamabad Commissionerate, TelanglnaNizamabad Commissionerate, Telanglna7. The station House officer, cyber crime porice station, cyberabad ,/,/Commissionerate, Telangana State_8. The station House officer, Ameenpur porice station, Ameenrpur, sangareddyDistrict, Telangana State,District, Telangana State,

9. The station House officer, Vanasthalipuram porice station, Vanasthalipuram,Rachakonda C omm issionerate, Telangana.Rachakonda C omm issionerate, Telangana.

10. The station House officer, saroornagar porice station, saroornagar,Rachakonda Commissionerate, Telangana. State.Rachakonda Commissionerate, Telangana. State.

1'1. The Station House Officer, Meerpet police Station, Meerpet, RachakondaCommissionerate, Telangana State.Commissionerate, Telangana State.

12, The station House officer, Malkajgiri police station, Malkajgiri, RachakondaCommissionerate, Telangana State.Commissionerate, Telangana State.

1 3. The Station House Officer, L. B Nagar L and O police station, L. B. Nagar,Rachakonda Commissionerate, Telangana State.Rachakonda Commissionerate, Telangana State.'14. The Station House officer, Cyber Crime (CyB) police station, CyberabadComm issionerate.Comm issionerate.

15. The Station House officer, Chaitanyapuri police station, RachakondaCom m iss io ne rate, Telangana State.Com m iss io ne rate, Telangana State.

16. One CC to SRI NAGESHWAR RAO pUJARt, Advocate tOpUCltOpUCl tOpUCl17.Two CCs to GP FOR HOME, High Court for the Siate of Telangana atHyderabad [OUT]Hyderabad [OUT]

'1 8. Two CD Copies

BSRBS.,\'ra

HIGH COURT

DATED: 2911212023

1\{[E ][STAI€,](f,F,5 [l[r,{ ][?if-\].)[ .;:' rt.'5)+ CES;.c:i.''' ?

ORDER

WP.No.33398 of 2023

DISPOSING OF THE WRIT PETITION,WITHOUT COSTS

n\?\9NX

II

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