Telangana High Court
WP/34027/2026 of Syed Mubeen Vs The State of Telangana on 8 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 34027 OF 2026 Between: Syed Mubeen, S/o. Syed Shali Miya, Age' 34
[ 321e 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI
WRIT PETITION NO: 34027 OF 2026
Between:
Syed Mubeen, S/o. Syed Shali Miya, Age' 34 years, Occ Private Employee'
Rio. H.No. 37lP, Gaytiri Prism, Backside Chenna Reddy Colony, Zaheerabad'
Zaheerabad Mandal, Sangareddy Distribt.
...PETITIONER
AND
'l.TheStateofTelangana,representedbyitsPrincipalsecretary,Home(Police)
Department Secretariat Buildings, Hyderabad.
2. The Superintendant of Police-Sangareddy, Sangareddy Disrict'
3. The station House officer, zahiabad Town Police station, sangareddy District.
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a direction, order, or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent No.3 in frequently calling/
summoning the Petitioner to the Police station and harassing and intimidating him under the guise of FIR No.429 oI 2026, dated 28-09-2026, for the offences U/s.318(a) of BNS, without issuing any mandatory notice U/s. 35(3) of BNSS, as illegal, arbitrary, and mala fide, offending Articles 14 and 19 of the constitution of lndia, apart from being in violation of the guidelines laid down by the Hon,ble supreme court in Arnesh Kumar v. state of Bihar, reported in (2014) I SCC 273, consequently. a. direct the Respondent No.3 to refrain from frequently calling the Petitioner to the police station and harassing/ intimidating him and b. direct the respondent No.3 to issue the petitioner with notice U/s. 35(3) of BNS.
l.A. NO: 1 oF 2026
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High court may be preased to direct the Respondent No.3 to refrain from frequenfly cafl,ng the petitioner to the porice station and harassing/ intimidating him in the guise of FrR No.429 of 2026, dated 2g_09_
2026, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI V.pOORNASRI
Counsel for the Respondents: SRI D.PRADEEP, AGp FOR HOME
The Court made the following: ORDER
-a-
IN THE HIGTI COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT.JUSTICE TANGIRALA MADHAVI
DE,VI
WRIT PBTITION No.34027 of 2026
(CNR No. H8HC010697 692026)
DATE:08.10.2026
Between:
Syed Mubeen
...Petitioner
AND
The State ol Telangana and 2 others
.Respondents
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ORDER
This Writ Petition is frled seeking the following relief: "...kt issue a direction, order, or writ, more particularly one in the nature oJ'Writ of Mandamus, declaring the action of llrc Respondent No.3 in frequently calling/ summoning the Pelitioner to the Police Slation and harassing and intimirlating him under the guise of FIR No 429 of 2026' ctoted 28-09-2026, for the olfences U/s-3lBG) of BNS' without issning ary mandatory notice U/s. 35(3) of BNSS' as illegal. arbitrary, and nrula Jide, offending Articles 14 and 19 of the Constitution of Indio, apart from being in violation of the guidelines laid down by the Honble Supreme ]E 1\1D.J wp -11017 2()16 Cotn't in Arnesh Kumar r. Stdte of Bihdr, reported ht (2(.t l1) 8 SCC 273, cot$equentl.r-
a. tlirect the Respondent No.3 to re.frain front .fi'cqucntl.t calling tlrc Petitioner to the police stotion and harass ing/ intimidating him,
b. direct the respondent No.3 to isstte the Petitioner y,ith rrctice U/s. 35(31 o.f BNS, ond.
c. pass .
2. Heard learned counsel for the petitioner and Sri D.Pradeep, learned Assistant Govemment Pleader lbr Home appealing tbr respondents No. I to 3.
3. Learned counsel fbr the petitioner submitted that Crime No.429 of 2026 dated 28.09.2026 has been registered against rhe petitioner and another on the file of Zahirabad Town Police Station, Sangareddy, fbr the olfence punishable under Section 318(4) of the tsharatiya Nyaya Sanhita, 2023. It is further submitted that the petitioner has been arrayed as accused No. I in the said crime and the offence alleged against the petitioner is punishable with imprisonment less than seven (07) years and therefore, the respondent-police may be directed to issue notice 'IMD.J wP 34027 2026 under Section 35(3) ofBharatiya Nagarik Suraksha Sanhita,2023, to the petitioner and follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihart .
4. Having regard to the fact that the offence under Section 3 l8(4) of the Bharatiya Nyaya Sanhita, 2023 are punishable with imprisonment upto seven (07) years, the respondent police J are directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The respondenr police shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar (cited supro), and, proceed strictly in accordance with law. The petitioner shalt cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioner to the police station except for justifiable cause. However, if the provisions of sections mentioned in the F.l.R. are altered and as a consequence, Section 35(3) ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 is not applicable, the respondent police are at liberty to take furtl-rer action in accordance with law. ' (20 r+) a scc zr:
//TRUE COPY// TTII).J u'P 027 20?6 Sd/.K.BHAVANI SWAMY AssrsrANr vr"o"
5, With the above observations and directions. this Writ Petition is disposed of. No ordel as ro costs Miscellaneous applications. if any. pending shall stand closed. SECTION OFFICER To, PMK 1 The Principar secretary, Home (porice) Department secretariat Buirdings, Hyderabad.
2. The Superintendant of police-Sangareddy, Sangareddy Disrict.
3. The station House officer, Zahirabad rown porice station, Sangareddy District. 4 One CC to SRt V.POORNASR|, Advocate tOpUCl
5. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT]
6. Two CD Copies €h
HIGH COURT CC TODAY DATED: 0811012026
ORDER
WP.No.34027 ot 202G DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1P' o z a. t'd) ,a) it ",. 'i-,. -- f --,-, ' -i- 0 g t)cT 2026 (( o o