Telangana High Court

WP/32671/2026 of RAMAKRISHNA RAVULA Vs The State of Telangana on 29 September 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT. JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 32671 0F 2026 Between: 1. Ramakrishna Ravula, S/o Ravula

[ 321e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY NINTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SMT. JUSTICE TANGIRALA MADHAVI DEVI

WRIT PETITION NO: 32671 0F 2026

Between:

1. Ramakrishna Ravula, S/o Ravula Kishtu, Aged about 36 years, Occ. private Employee, Rl/o H.No. 4-2511, Anukunta, Aditabad, Aditabad District.

2. Kishtu Ravula, S/o Ravula Adellu, Aged about 64 years, Occ. Agriculture, R/o H.No. 2-78, Anukunta, Adilabad, Adilabad District.

...PETITIONERS

AND

1 . The State of Telangana, rep. by its Principal Secretary, Home Department Secretariat, Hyderabad.

2. The Superintendent of Police, Adilabad, Adilabad District.

3. The Station House Officer, Adilabad Rural Police Station Adilabad District.

4. Ravalika Chatala, W/o Ramuiu, Aged about 26 years, Occ. Housewife, R/o Anukunta Village, Adilabad Rural Mandal, Adilabad District.

...RESPONDENTS

Petition under Arlicle 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 an appropriate writ, order or Direction, more particularly one in the nature of writ of l\/andamus, declaring the action of the respondent police in threatening to arrest the petitioners in F.l.R.No. 36812026 of Adilabad Rural police station, Adilabad District, forthe alleged offence U/Sec. 77,296(b),118(.1) read with 3(5) of the BNS., without following the procedure contemplated under Section 35(3) BNSS, as illegal, arbitrary and violative of Articles 14 and 21 of the constitution of lndia, and consequently direct the respondents police to stricfly follow the procedure contemplated under Section 35 (3) of BNSS.

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 herein not to arrest the petitioners in r.i.R.no. 36812026 0f Adilabad Rural Police Station, Adilabad District, except after strictly following section 35(3) of BNSS, pending disposat of the writ petition.

Counsel for the Petitioners: SRI GAJANAND CHAKRAVARTHI

Counsel for the Respondent Nos. 1 to 3: MR. D. PRADEEP, AGp FOR HOME

Counsel for the Respondent No.4: - - - - The Court made the following: ORDER

IN THE HIGH COI'RT FOR TIIE STATE OF TELANGANA

AT HYDERABAI)

THE HONOURABLE SMT.JUSTICE TANGIRALA MADHAYI

DEVI

WRIT PETITIONNo.3267l of2026

(CNR No. HBHCO 10669 932026)

DATE:29.09.2026

Between:

Ramakrishna Ravula and another

...Petitioners

AND

The State ofTelangana and 3 others

. . .Respondents

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ORDER

This Writ Petition is filed seeking the following relief: "...to issue an appropriate lttrit, Order or Direction, more particularly one in the nature of ll/rit of Mandamus, declaring the action of the respondent police in threatening to arrest the petitioners in F.I.R.No. 368/2026 of Adilabad Rural police Station, Adilabad District, for the alleged offence U/Sec. 77, 296(b), 1],8(l) read with 3(5) of the BNS., without follotuing the procedure contemplsted under Section 35(3) BNSS, as illegal, arbitrary and violative of Articles 14 snd 21 of the Constitution of India, and consequently direct the respondents police to strictly follow the procedure contemplated under Section 35 (3) of BNSS and pass...,'

TMD,J wP 3267 | 2026 a Heard leamed counsel for the petitioners and Sri D.Pradeep, bamed Assistant Government Pleader for Home appearing for lespondents No'1 to 3'

3. Learned counsel for the petitioners submitted that Crime No.368 of 2026 dated 23.09.2026 has been registered against the petitioners on the file of Adilabad Rural Police Station, Adilabad, for the offences punishable under Sections 77,296(b), 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023- It is further submitted that the petitioners have been arrayed as accused Nos.l and 2 i1the said crime and the offences alleged against the petitioners are Punishable with imprisonment less than seven (07) years and therefore, the respondent-police may be directed to issue notice under Section 35(3) ofBharatiya Nagarik Suraksha Sanhita, 2023. (for short, .,BNSS") to the petitioners and follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. Slate of Bihart -

4. Having regard to the fact that the offenc{ under Sections 77, 296(b), 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 xe punishable with imprisonment upto seven (07) years, the

.:." i:.:. . **l .*.::, respondent police are directed to follow the procedure contemplated 1 (2014) 8 SCC 273

., under Section 35(3) of the Bharatiya Nagarik suraksha sanhita, 2023. The respondent police shall also scrupulousry forow the guidelines Iaid down by the Hon,ble Supreme Court in Arnesh Kumor (cited supra), and 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. However, if the provisions of sections mentioned in the F.I.R. are altered and as a consequence, Section 35(3) ofthe Bharatiya Nagarik Suraksha Sanhita, 2023 is not applicable, the respondent porice are at liberty to take further action in accordance with law.

With the above observations and directions, this Writ petition is disposed of. No order as to costs. Miscellaneous applications, if any, pending shall stand closed. SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER , I|t,;j:,ffat Secretary, Home Department Secretariat, State of Tetangana,

2. The Superintendent of Police, Adilabad, Adilabad District.

3. The station House officer, Adilabad Rural police Station Adilabad District.

4. One CC to SRI GAJANAND CHAKRAVARTHT, Advocate IOPUCI

5. Two CCs to GP FOR HOIVE, High Court for the State of Telangana, at Hyderabad [OUT]

6. Two CD Copies To, AGK TKS ev

HIGH COURT DATED: 29l}gt2}26

ORDER

WP.No.326t1 of 2026 .DISPOSING OF THE WRIT PETITION WTHOUT COSTS CC TODAY 1t{6 STAT! rl rx ') [7 0tI 2028 P C) .L. rl:

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