Telangana High Court
WP/32938/2026 of K.Ananad Kumar Vs The State of Telangana on 1 October 2026
Between: AND 1 2 K.Ananad Kumar, S/o K.Satyanaranyana, aged 44 yearc, Rl/o. plot No. 16, Occ Business, Rio Road.No. 3, -Vijay Nagar, Colony phase-2, Bagh Hayathnagar, WC, Hayathnagar RR dist. P.Naresh Mudiraj, S/o P. Venkatesh, Mudiraj, ages 40 years, Occ. Business, R/o H.No.4-9-362, RTC Colony,
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Between:
AND
K.Ananad Kumar, S/o K.Satyanaranyana, aged 44 yearc, Rl/o. plot No. 16, Occ Business, Rio Road.No. 3, -Vijay Nagar, Colony phase-2, Bagh Hayathnagar, WC, Hayathnagar RR dist.
P.Naresh Mudiraj, S/o P. Venkatesh, Mudiraj, ages 40 years, Occ. Business, R/o H.No.4-9-362, RTC Colony, Near Sai Baba Temple, Hayathnagar, Hayathnagar RR dist.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI
WRIT PETITION NO: 32938 OF 2026
.,.PETITIONERS
1. The State of Telangana, represented by its principal Secretary, Home (police)
Department Secretariat Buildings, Hyderabad.
2. The Commissioner of Police, Malkajgiri, Malkajgiri Disrict.
3. The Station House Officer, Hayathnagar, police Station Hayathnagar R.R
Disrict.
4. Khammampati Laxminarayana, S/o not know petitioner Sub-inspector of police, Hayathnagar, Police Station Hayathnagar R.R Disrict.
5. K. Laxminarayana, S/o. petitioner know Occ police offrcer pC 10722
Hayathnagar, Police Station Hayathnagar R.R Disrict.
...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 any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No. 3 and 4 in trying to arrest the petitioners highhandedly in relation to Crime.No. Crime.No. 1553 of 2026 dated 26.09.2026 on the file of the Station House Officer, Hayathnagar, police Station Hayathnagar Ranga Reddy District without following the procedure contemplated under Section 35 (3) of BNSS (41A of CR.P.C), and in contrary to guidelines issued by the Hon'ble Apex court in Arnesh Kumar vs. State of Bihar as illegal, arbitrary and violation of Article 14 and 21 of Constitution of lndia, consequently direct the respondents No. 3 to follow the procedure contemplated under Section 35 (3) of BNSS (41A of CR.P.C) in relation to above crime registered against petitioner-
l.A. NO: 1 OF 2026
Petition under Section 151 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 and 4 to strictly follow the procedure contemplated under Section 35 (3) of BNSS (41A of CR.P.C) and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar in relation to Crime.No. 1553 of 2026 dated 26.09.2026 registered on the file of the Station House Officer, Hayathnagar, Police Station Hayathnagar Ranga Reddy District pending disposal of the above writ petition.
Counsel for the Petitioner: SRI V.T KALYAN
Counsel for the Respondent Nos.1 to 4: SRI D.PRADEEP, AGP FOR HOME
Counsel for the Respondent No.S: - - -
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SMT JUSTICE TANGIRALA MADHAVI DEVI
W.P.NO. 32938 0F 2026
CNR No. H8HC010676932026
DATED: 01.10.2026
Befween
K.Anand Kumar and Another
. . . Petitioners
And
The State ofTelangana and Four Others.
... Respondents
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ORDER
This Writ Petition is filed seeking the following relief: "...to issue any direction or issue any appropriate writ more particularly in the nature of writ of mandamus declaring the action of the respondents No.3 and 4 in trying to arrest the petitioners highhandedly in relation to Crime No.1553 of2026, dated 26.09.2026 on the file of the Station House Officer, Hayathnagar police Station, Hayathnagar, Ranga Reddy District without following the procedure contemplated under Section 35(3) of BNSS @lA of CR.p.C.) and in contrary to guidelines issued by the Honble Apex court in the case of Arnesh Kumar Vs. State of Bihar as illegal, arbitrary and violation of Article 14 and 2l of the Constitution of India and consequently direct the respondent No.3 to follow the procedure contemplated under Section 35(3) of BNSS (41A of CR.P C.) in relation to above crime registered against petitioners and to pass... "
TMD'J gt.P.No.3293a of 2026
2. The leamed Assistant Govemment Pleader for Home, on oral instructions, submitted that the FIR has been registered against the petitioners vide Crime No.1553 of 2026, under Sections 132,221,223,292, 125,352,351(2) read with 3(5) of BNS on 26.09.2026 and the investigation is under progress.
3. The leamed counsel for the petitioners submitted that the offences registered against the petitioners prescribes less than seven years punishment and thereiore, 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 132, 221, 223, 292, 125, 3 52, 3 5 1 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, are punishable with imprisonment which may extend to seven (07) years, the respondent poiice are directed to follow the procedure contemplated under Section 35(3) of the BharatiyaNagarik Suraksha Sanhita, 2023,before taking any coercive steps against the petitioners. The respondent police shall To, PMK
TMD'J W.P.No-3293a oJ 2025 also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (cited supru), 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'
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. Sd/-C.DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER l.ThePrincipalsecretary,Home(Police)DepartmentSecretariatBuildings' Hyderabad.
2. The Commissioner of Police, Malkajgiri' Malkajgiri Disrict'
3. The station House officer, Hayathnagar, Police station Hayathnagar R R Disrict.
4. One CC to SRI V.T KALYAN, Advocate [OPUC]
5. TwoCCstoGPFORHOME,HighCourtfortheStateofTelangana'at Hyderabad [OUT]
6. Two CD CoPies @r
HIGH COURT CC TODAY DATED: 0111012026
ORDER
WP.No.32938 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I s STATiI cr \i
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