Telangana High Court
WP/33047/2026 of Mohammad Kaifuddin, 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: 33047 OF 2026 Between: Mohammad Kaifuddin, S/o Mohammad Abdul
I s21s ]
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: 33047 OF 2026
Between:
Mohammad Kaifuddin, S/o Mohammad Abdul Rahimuddin Age. 19 years, Occ. Student, Rlo 4-2491611, Sarvar nagar, Korutla, Jagityal District.
...PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary to Government, Home Department, Telangana Secretariat, Hyderabad - 500022.
2. The Superintendent of Police, Jagityal District.
3. The Station House Officer, Korutla Town, Police Station.
...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 order or direction more particularly one in nature of Writ of Mandamus declaring the actions of the Respondent No.3 harassing the petitioner from past 15
days calling to the police station without any notice and also not disclosing the FIR to the petitioner for last 15 days which is completely illegal, Arbitrary and violation of Article 14, 19 & 21 of the Constitution of lndia Consequently direct the respondent No.3 to serve 35 (3) BNSS, 2023 notice to the petitioner in Crime No. 364 of 2026, P.S Korutla town wherein all the alleged offences are below Seven years.
l.A. NO: 1OF 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 not to take coercive steps against the Petitioner except in accordance with section 35 BNSS, to issue Section 35(3) notict: to the Petitioner in crime No. 364 of 2026, P.S korutla town, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI SYED LOQMAN AHMED
Counsel for the Respondents: SRI D.PRADEEP, AGP FOR HOME
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
ATHYDERABAD
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.33047 OF 2026
(CNR No.HBHC0I067 97 62026)
DATED : 30.09.2026
Between:
Mohammad Kaifuddin
... Petitioner
AND
The State ofTelangana, rep. by its
Principal Secretary to Govemment,
Home Department, Telangana Secretariat,
Hyderabad-500022 and others
. Respondents
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Alleging highhandedness on the part of respondent No.3 in threatening to arrest the petitioner without following the procedure estabiished by law and also seeking a direction to respondent No.3 to issue a notice under Section 35(3) of BNSS to the petitioner in W.P. No.33047 of 2026 connection with FIR No.364 of 2026 of Korutla Polir:e Station, Jagtial District registered against him, this Writ Petition has be:en filed.
2. It is submitted that the subject FIR has been :.egistered for the offences punishable under Sections 1 15(2), 1 1 8( 1) reac with Section3(5) of BNS and Section 11 read with Section 12 of the protection of Children from Sexual Offences Act, 2012 which prescribe punishment of less than 7 years and the respondent police may be directed to issue a notice under Section 35(3) of BNSS to the petitioner, instead of arresting him, as per the guidelines of the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others (ArR 2014 SC 27s6).
3. Sri D. Pradeep, leamed Assistant Government l)leader for Home is also heard
4. This Courl finds that as the matter stands today, the provisions/sections of BNS which have been included in the FIR require only a notice under Section 35(3) ofBNSS. Therefore, the respondents are directed to issue a notice under Section 35(3) of BNSS to the petitioner and take action in accordance with law if the petitioner '.qubmits his explanation thereto. The respondents are further directed not
W.P. No.33047 of 2026 to interfere with the personal iiberty of the petitioner and also not to summon the petitioner to the police station without any justifiable cause.
5. The Writ Petition is accordingly disposed of. No order as to cosrs.
6. Pending miscellaneous petitions, if any, in this Writ petition shall stand closed
//TRUE COPYII SD/- K.V.O. NARSI BABU ASSISTANT REGISTRAR SECTION OFFICER To
The Principal Secretary to Government, Home Department, Telangana Secretariat, Hyderabad, State of Telangana - 500022' The Superintendent of Police, Jagityal District. The Station House Officer, Korutla Town, Police Station' One CC to SRI SYED LOQMAN AHMED, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies
J
PSK. PSK
CC TODAY 5E? l$t HIGH GOURT DATED: 3010912026
ORDER
WP.No.33O47 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. ,1 / -:ar==-\
- .,.,,1.rt g|\. ,t, tx$ .'' * + ,!i fr; :: P 0.1c \- \