Telangana High Court
WP/32817/2026 of Mutnuri Satyanarayana Vs The State of Telangana on 30 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO :32817 OF 2026 Between: Mutnuri Satyanarayana, S/o. Mutnuri
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI
WRIT PETITION NO:32817 OF 2026
Between:
Mutnuri Satyanarayana, S/o. Mutnuri Radha Krishna Sarma, Aged about 37
years, Occ. Frivate Employee, R/o. Flat2O1,3rd Floor, Sri Sai Balaji Residency, irtot tlo. 131, Shanti Nagar, Huda Sub Station, Chandanagar, KV' Ranga Reddy District, Telangana - 500050.
...'ET'T.ONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, HYderabad.
2. fhe Commiisioner of Police, Hyderabad Police Commissionerate, Basheerbagh, HYderabad.
3. The statio-n House Officer, Kalapathar Police station, Hyderabad Police Commissionerate, HYderabad.
4. Mohd Shahnawaz, Slo. MofrO Zameer Hussain, Aged about 35 years' Occ'
Private Employee, R/o. Near Sports Complex, Ramnaspura, Kalapathar'
Hyderabad.
...RESPONDENTS
Petition under Article 226 o',f the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No. 3 herein in calling the PetitionertothePoliceStationwithoutfollowingthedueprocessoflawand harassing him and coercing him to settle the matter in connection with crime No'
159 of 2026 as being illegal, arbitrary, discriminatory and violative of Articles 14 and 21 of the constitution of lndia and consequentially direct the Respondent No- 3
herein not to call the Petitioner to the Police Station without following the due process of law.
t.A. NO: 1 OF 2026
Petition under section 151 CPC praying that in the circumsl.ances stated in the affidavit filed in support of the petition, the High cou( may be pleased to direct the Respondent No. 3 herein not to call the Petitioner without follow ng the due process of law and harass and coerce him to settle the matter in crime No. 159 012026.
Counsel for the Petitioner: SRI T.RAHUL
Counsel for the Respondent Nos.1 TO 3: GP FOR HOME
Counsel for the ResPondent No'4:
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.32817 0F 2026
(CNR No.HBHC0L067 47 7 2026)
DATED :30.09.2026
Between:
Mutnuri S atyanarayana
Petitioner
AND
The State ofTelangana, rep. by its
Principal Secretary, Home Department,
Secretariat, Hyderabad and others
... Respondents
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ORDER
Alleging that respondent No.3 is calling the petitioner to the police station without following the due process of law and is harassing him and coercing him to settle the matter in connection with Crime No.159 of 2026 of Kalapattar Police Station, Hyderabad District, this Writ Petition has been filed.
2. Learned counsel for the petitioner submitted that the petitioner is the person who has introduced the A2lmediator to the unofficial respondent No.4 for finding financiers for purchase of a property and on W.P. \o.32817 of 2026 a complaint given by respondent No.4, crime No. r 59 of 2026 has been registered ,against the petitioner as A1 and the medLator as A2. It is submitted that there is no role of the petitioner in the, whore issue and therefore, the complaint itserf is not maintainable against the petitioner. The allegation of the petitioner is that in spite of the above legal position, the official respondents are repeatedly callin5l the petitioner to the police station and are pressurising the petitioner tc settle the matter with the de facto complainant and therefore, this writ petition has been filed. 3' Sri D. Pradeep, reamed Assistant Govemment p eader for Home, on written instructions, submitted that on receipt of the complaint dr.l9.08.2026 from respondent No.4 and after conducting preliminary enquiry, crime No. 159 of 2026 has been registered and thereafter, investigation has been taken up and the petitioner was directed to appear before the Investigation officer on 17.09.2026. It is submitted that on 21.09.2026, the petitioner appeared and his statement was recorded, wherein he stated that he was acquainted with one Mr. Sandeep Varma./accused No.2 through his friend Ms. Divya anct that he has no connection whatsoever with the transaction between the unofficial respondent and accused No.2 and it is after recording the statement of ., W.P. No.32817 of 2026 the petitioner that it has come to light that the petitioner only acted as a mediator between the complainant and the accused and therefore, the petitioner stated that he would assist the Investigation Officer in producing the accused. It is stated that as there was no response from the petitioner, the Investigation Officer issued a notice under Section 179 of BNSS d1.30.09.2026 directing the petitioner to appear before him on 02.10"2026 at 12.00 hours and that it is the contention of the respondent police that except for conducting investigation, the respondent police did not harass the petitioner or coerce him to settle the matter.
4. Learned counsel for the petitioner, however, submitted that the notice under Section 179 of BNSS would be issued to a witness and the police could not have issued the notice to the petitioner as he is an accused in the crime and not a witness.
5. Having regard to the rival contentions and the material on record, this Court finds that the petitioner is admittedly accused No.1 in Crime No.159 of 2026 of Kalapattar Police Station, Hyderabad District and the offences under which the subject FIR has been registered prescribe the punishment of less than 7 (seven) years and as per the guidelines of the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs'
W.P. No,32817 of 2026 State ofBihar and others (AIR 20f4 SC 2756), tht: respondent poiice have to issue a notice under Section 35(3) of BNSS. Further, this Court is of the opinion that the police cannot issue a notice under Section 17g of BNSS to the petitioner/accused No.1 as an accused cannot be made to give evidence against himself
The writ petition is accordingly disposed of. No order as to costs. Pending miscellaneous petitions, if any, in this Writ petition shall Therefore, the respondent police are directed not to take anv coerclve steps against the petitioner for hrs non-appea.rance pursuant to the notice under Section 179 of BNSS dt.3l.Og.2l261br appearance on 02'10'2026 and the notice issued to the petitioner und:r Section 17g of BNSS d1.30.09.2026 is set aside and after deciding the role of the petitioner, the respondent police shall proceed strictly in accordance with law.
stand closed SD/- K.V.O. NARSI BABU ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER The Principal Secretary, Home Department, Secretariat, Hyderabad' State of Telangana.
2. the Commissioner of Police, Basheerbagh, HYderabad.
To Hyderabad Police Com m iss io nerate,
The Station House Officer, Kalapathar Police Station, Hyderabad Police Commissionerate, Hyderabad. One CC to SRI T.RAHUL, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies o PSK. PSK
CC TODAY HIGH COURT DATED: 3010912026 gtA _::-:_-r- tr: oi \ '(-.r '/, *1 $ (-r o q$ T -L +
ORDER
WP.No.32817 of 2026 o DISPOSING OF THE WRIT PETITION WITHOUT COSTS. { *' Ds I'? ;r 1b A I q' 0'