Telangana High Court

WP/33627/2026 of B. Venkat Reddy Vs The State of Telangana on 5 October 2026

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 33627 oF 2026 [ 3219 ] ...PETITIONERS Between: 1 2 B. Venkat Reddy, S/o Late

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE FIFTH DAY OF OCTOBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI

WRIT PETITION NO: 33627 oF 2026

...PETITIONERS

Between:

B. Venkat Reddy, S/o Late Narsi Reddy Aged about 57 year, Occ. agriculture R/o H. No. 3-118 Bommararamram Vifiage and Mandar yadadri Bhivanagiri District.

! fytaOlu Mohan Reddy, S/o B. Venkat Reddy R/o 31 year, Occ. Business, R/o

H. No. 3-118 Bommalaramram Village and Mandal yadadri Bhuvanagiri Distiict.

AND

'1. The State of Telangana, Rep. by its principal Secretary, Home Department, Secretariat Buildings, Hyderabad

2. The Superintendent of Police, Bhuvanagiri, yadadri Bhuvanagiri District

3. The station House officer, Bommalaramram police station iadadri Bhuvanagiri District

...RESPONDENTS

Petition under Nlicle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to hold the act of the respondent No.3 to the writ petition, in trying to apprehend writ Petitioners Person and cause arrest in F.l.R No. 2451 2026, Registered on the file of respondent No.3 to the writ Petition, as of acting in Totally Lawless, unguided and in Violation of Guidelines of Judgment reported in Arnesh Kumar Vs state of u.p, conseq uentially, issue a command or order, More particularly one in the Nature of Mandamus, Fortiori, direct respondent No.3 to the writ petition, to serve writ petitioner, with Notices, under section 35(3) of BNSS act of 2023 and receive any reply, From writ Petitioners end.

l.A. NO: 1OF 2026

Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to the writ Petition, not to arrest writ Petitioners in F.l.R No. 245 of

2026.

Counsel for the Petitioners: SRI M.RATHAN SINGH

Counsel for the Respondents: AGP FOR HOME

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELAI\GANA

AT HYDERABAI)

THE HONOURABLE SMT JUSTICE TANGIRALA

MADHAVI DEVI

W.P.NO.33627 0F 2026

CNR No. H8HC010688052026

DATED: 05.10.2026

Befween

B.Venkat Reddy and Another

. . . Petitioners

And

The State of Telangana and Two Others.

. . . Respondents

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ORDER

'Ihis Writ Petition is filed seeking the following relief: "...to hold the act of the respondent No.3 to the writ petition in trying to apprehend Writ Petitioners and Cause atest in FIR No.215/2026, registered on the file of respondent No.3 to the writ Petition, as of acting in Totally Lawless, Unguided and in Violation of Guidelines of Judgment reported in Arnesh Kumar Vs. State of U.P., consequentially issue a command or order more particularly one in the Nature of Mandamus, certiorari, direct respondent No.3 to the writ petition to serye writ petitioners with Notices under Section 35(3) of BNSS act of 2023 and receive any reply, ftom writ petitioners and to pass... "

TMD,J \t.P.No.33627 of 2026

2. The leamed Assistant Government Pleader for Home, on oral instructions, submitted that the FIR has bt:en registered against the petitioners vide Crime No.245 of 2026, t nder Sections 126(2), t32, 121(1), l ts(2), 3s1(2), 352(2) rlw 3(1;) of BNS on 01.10.2026 and the investigation is under progress'

3. The leamed counsel for the petitioners ;ubmitted that the offences registered against the petitioners presclibes less than seven years punishment and therefore, the respondert police have to follow the guidelines issued by the Hon'ble Supreme Courl in the case of Arnesh Kumar Vs. State of Bihar, reJrorted in 2014 sc 2756.

Having regard to the fact that the off-ences under Sections 126(2),132,121(1), l1s(2),3st(2),352(2) rlw 3(5) of the Bharatiya Nyaya Sanhita , 2023, are punishable with imprisonment which may extend to seven (07) years, the responclent police are directed to follow the procedure contemplated under Section 35(3) oi the Bharatiya Nagarik Suraksha Sanhita, 2023,be1'ore taking any steps against the petitioners. The respondent police shall coerclve

To

PSK. PSK

TAD,J w.P.rto.33627 ol2026 also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (cited supra), and thereafter proceed strictly in accordance with law. The petitioners shall cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioners to the police station except for justifiable cause.

5. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. SD/. S.MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE GOPY// SECTION OFFICER The Principal Secretary, Home Department, Secretariat Buildings, Hyderabad, State of Telangana. The Superintendent of Police, Bhuvanagiri, Yadadri Bhuvanagiri District The station House Officer, Bommalaramram Police station, Yadadri Bhuvanagiri District One CC to SRI M.RATHAN SINGH, Advocate IOPUCI Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies @r G

CC TODAY HIGH COURT DATED: 0511012026

ORDER

WP.No.33627 of 2026 I t I :f .: rysrr-{ t- DISPOSING OF THE WRIT PETITION WITHOUT COSTS. 6$ o o.{ ok lt :) ',,ij ,''I I') L o

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