Telangana High Court

WP/33690/2026 of Mr. MUZAFFAR ABDUL ALEEM Vs The Union Of India on 5 October 2026

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THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 33690 OF 2026 Between: AND Mr. MUZAFFAR ABDUL ALEEM, S/o Shaik Abdut

[ 32191

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE FIFTH DAY OF OCTOBER

TWO THOUSAND AND TWENry SIX

PRESENT

THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI

WRIT PETITION NO: 33690 OF 2026

Between:

AND

Mr. MUZAFFAR ABDUL ALEEM, S/o Shaik Abdut Ateem, Aged about 38 years, occ. service, R:/o H.No. 10-3-282t2tN8124, Aleem Residency, 3rd Flooi, s B

Colony, Asif Nagar, Hyderabad, T.S. SOb02B

...PETITIONER

1. The Union Of lndia, Ministry of Home Affairs, Represented by the Home Secretary, 3510, sth floor, Kartavya Bhavan-3, Kartavya pith, Central Scretariat, New Delhi -1 10 001

2. Bureau of lmmigration, Represented by Commissioner of lmmigration, East Block-Vlll, Level-V, Sector-l , Rama Krishna puram, New Delhi-1 10 066

3. The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad, T.S.

4. The Commissionerate of Police, Hyderabad City, Office at lntegrated Command Control Cenke, Banjara Hills, Hyderabad, T.S.

5. The Station House Officer, Gandhinagar police Station, Gandhi Nagar, Hyderabad, T.S.

...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 writ or writs or order or orders one more particularly in the nature of writ of Mandamus declaring the action of the of the 5th Respondent in not issuing notice under section 35 (3) of BNSS pertaining to FIR no.260t202s dated 29t0gt2025 lor offence under section 77, 78,351(2) BNS which are punishable less than 7 years as illegal, arbitrary and unconstitutional and consequenfly direct the 5th Respondent to issue notice to the petitioner under section 35 (3) of BNSS pertaining to FrR

no.260 I 2 025 dated 29 I 09 t 2025

LA. NO: 1 oF 2026

Petition under section 151 cpc praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Sth Respondent to forthwith issue notice to the petitioner under section 35 (3) of BNSS pertaining to FtR no.26Ot2O2S dated 29t09t2025.

Counsel for the Petitioner: SRt SyED KHADER MASTAN

Counsel for the Respondent Nos.1&2: SRI N.BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.3 to 5: SRI D.PRADEEP, AGp FOR HOME

The Court made the following: ORDER

--

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT JUSTICE TANGIRALA

MADHAVI DEVI

W.P.NO.33690 ()F 2026

CNR No. H8HC01069133202

DATED: 05.10.2026

Befween

Mr.Muzaffar Abdul Aleem

. . . Petitioner

And

The Union of India and Four Othersr

. . . Respondents

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ORDER

This Writ Petition is filed seeking the following relief: "...to issue to issue a writ or writs or order or orders one more particularly in the nature of llrit of Mandamus declaring the action of the of the 5th respondent in not issuing notice under section 35(3) of BNSS pertaintng to FIR No.260/2025, dated 29.09.2025 for offence under Sections 77, 78, 35 I (2) of BNS which are punishable less than 7 years as illegal, arbitrary and unconstitutional and consequently direct the 5th respondent to issue notice to the petitioner under section 35(3) of BNSS pertaining to FIR No.260/2025, dated 29.09.2025 and to pass... "

2. The leamed Assistant Govemment Pleader for Home, on oral instructions, submitted that the FIR has been registered against the petitioner vide Crime No.260 of 2026, under Sections -r-

TMD,J w.P.No.33690 ol2025 77, 7a,351(2) of BNS on 29.09.2025 and the investigation is under progress

3. The leamed counsel for the petitioner subrnitted that the offences registered against the petitioner prescribes less than seven years punishment and therefore, the respondent police have to follow the guidelines issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in 2014 sc 2756.

4. Having regard to the fact that the offences under Sections 77 , 78 and, 351 (2) of the Bharatiya Nyaya Sanhita, 2023, are punishable with imprisonment which may extend to seven (07) years, the respondent police are directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking any coercive steps against the petitioner. The respondent police shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (cited supra), and thereafter proceed strictl.v in accordance with law. The petitioner shall cooperate with the -- To,

T4J W.P.No.3369O oJ 2026 investigation in accordance with law. The respondent police shall not summon the petitioner 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 ,/TRUE COPY// Sd,.C.DEEPIKA ASSTSTANT REGISTRAR SECTION OFFlGER 'U"*lil",iffj::'.lkyflli$Ifl t$i}5:3{iff'."ff;'s"'"?]f i''.J,'l"* z ii"-co,,issioner or'trfffiy;;:ffi t' "Uffiqfl".t East Rhck-Vr r r' I *:t;;ff:l"Jx,Iil:;,1" o"o"n'"nt' seffetariat' Hvderabad' r S .::"..f"Ht:;f t,%x':*"{*ilr;lJ'iffi f.,'+f .*-:,:":':::

5. The Station Hor." ori"li"'6"noi,n"g.r pofice station, Gandhi Nagar' . 3'"'"":t?:.'*i."=o KHADER MA'TAN' nov131te [oPUc]

7. One CC to SRI * "u*i[i'nno' o"p'tv Solicitor General of lndia TOPUC] R rwo CCs to o' 'o*it"#' *'ni t"'n for the State of Telansana' at HYderabad [OUTI

9. Two CD CoPies PMK @

HIGH COURT CC TODAY DATED: 0511012026

ORDER

WP.No.33690 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS i rrrl STAr ,< j o5 o$2[26 ,/ \/' it ., -.4 ., ./ '. .i' @:l- Yl /{' o

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