Telangana High Court
WP/32319/2026 of Sunil Kumar Panday Vs The State of Telangana on 24 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI WRIT PETITION NO: 323 't9 0F 2026 Between: 1. Sunil Kumar Panday, S/o.
[ 321s I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(SPecial Original Jurisdiction)
THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE TANGIRALA MADHAVI DEVI
WRIT PETITION NO: 323't9 0F 2026
Between:
1. Sunil Kumar Panday, S/o. Chandra Sekhar Panday' Aged about 36 years'
O"" ; Business, nyo. H.t{o.g-OO/9, Old Dhanbad, Kothagudem' Gouthampur'
Khammam District, Telangana'
2. Kadali Rohith, S/o. Kadali Srinivas, Aged about 23 years'.Occ Business' Rl/o'
-
ff .ruo. D-49, Dhanbad, Rudrampul, Chunchupalli' Khammam District'
Telangana.
3. Sollu Madhavi, D/o. Rambabu, Aged' about 32 years' Occ Housewife' R/o'
H.No.DA-l4lg,3lnclineArea,Garibpeta,Ramavaram,Kotnaguoem'
Khammam District, Telangana'
.....PETITIONERS/ACCUSED NOS.2 TO 4
AND
1. The State of Telangana, Represented by its Principal Secretary' Home (Police) Department Secretariat Buildings, Hyderabad'
2.TheSuperintendantofPolice,BhadradriKothagudem'BhadradriKothagudem District.
3.TheStationHouseofficer,KothagudemllTownPoliceStation,Bhadradri Kothagudem District'
..'..RE''.NDENTS
PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleased to pass an orders, or 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 in trying to arrest the petitioners highhandedly in relation to Cr.No.135of2O26dated0,t/09/2026registeredonthefileoftheStationHouse ofiicer, Kothagudem ll Town P'S., Bhadradri Kothagudem District without following the procedure contemplated under Section 35 (3) of BNSS, and in contrary to guidelines issued by the Hon'ble Apex court in Arnesh Kumar v:s. 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 in relation to above crime registered against petitioner.
|.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.2 and 3 to strictly follow the procedure r;ontemplated under Section 35 (3) of BNSS and guidelines issued by the Honourable Apex Court in Arnesh Kumar vs. State of Bihar in relation to crime vide Cr.No. 135 of 2026 dated 0110912026 registered on the file of the Station House Officer, Lothagudem ll Town P.S., Bhadradri Kothagudem District, pending disposal of the above writ petition.
Counsel for the Petitioners : SRI RAMULU PASUPULA
Counsel for the Respondents : AGP FOR HOME
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 PETTTIONNo.323t9 0F 2026
(CNR No.HBHCOl06654s2026)
DATED :24.09.2026
Between:
Sunil Kumar Panday and others
... Petitioners
AND
The State ofTelangana, represented by its Principal Secretary, Home (Police) Department, Secretariat Buildings, Hyderabad and others
... Respondents
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ORDER
Alleging highhandedness on the part of respondent No.3 in threatening to arrest the petitioners without following the procedure established 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 connection with FIR No.135 of 2026 of II Town police Station, - W.P No.32319 of 2026 Kothagudem, Bhadradri Kothagudem District, this Writ Petition has been filed
2. It is submitted that the subject FIR has been registered for the offences punishable under Sections 316 and 351(2) ofBNS and Sections 3(i)(r)(s) and 3(2Xva) ofthe Scheduled Castes and the Scheduled Tribes (Atrocities) Act which prescribe punishment up to 1' years arld the respondent police may be directed to issue a notice under Section 35(3) of BNSS to the petitioners, instead of arresting them, as per the guidelines of the Hon'ble Supreme Court of India in tht: case of Arnesh Kumar Vs. State of Bihar and othert (AIR 2014 SC ,1756).
3. Leamed Assistant Government Pleader for Horne is also heard, who submitted that the punishment prescribed for the o [fences for which the FIR has been registered is up to 7 years and therefc,re a notice under Section 35(3) of BNSS has to be issued.
4. This Court finds that as the matter stands today, the provisions/sections of BNS and SC and ST Atrocitier; Act which have been included in the FIR require only a notice under Section 35(3) of BNSS. Therefore, the respondents are directed to issue a notice under
Section 35(3) ofBNSS to the petitioners and take aclion in accordance -- W.P. No.32319 of 2026
with law if the petitioners submit their explanation thereto. The respondents are further directed not to interfere with the personal liberty of the petitioners and also not to summon the petitioners to the police station without any justifiable cause.
5. The Writ Petition is accordingly disposed of. No order as to costs.
6. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. To '^?';,[iX^HilLiJ+AXX /ITRUE COPY//
SECTION OFFICER 1 The principar secretary, Home (porice) Department Secretariat Buildings' , ;*Uli:,1ruflx:X,1t?i'9#:Sfl ao raa'i Kothas udem' Bhad rad ri Koth asudem . ?itit:l"."" House officer' Kothagudem ll Town Police station' Bhadradri . m:"ett"t'AtJt'?o* HoME' Hish court ror the state or relansana at , B'^t""lt?S .t8,uJl'u'-u PASu PU LA' Advocate toPucl
6. Two CD CoPies SA PSK
HIGH COURT DATED: 2410912026
ORDER
WP.No.32319 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. 2tsEP2o2$ .) -ar'-- \i:5ri/( C.C.TODAY ot I '0. o .{.i'1. rl,. i \--\_- ::'_:_- - I y,^\- ..,/ )/'