Telangana High Court
WP/16745/2026 of Ajaz Farooqi Vs The State of Telangana, on 29 May 2026
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Specia! Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 16745 OF 2026 Ajaz Farooqi, S/o.Mohammed Moinuddin Farooqi, Aged
[ 34851
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Specia! Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO
WRIT PETITION NO: 16745 OF 2026
Ajaz Farooqi, S/o.Mohammed Moinuddin Farooqi, Aged about 61 years, Occ Rtd. Employee, R/o H. No. 12-5-35, Vijaypuri Colony, Street No. 6, Road No.
13, South Lalaguda, Tarnaka, Secunderabad
..PETITIONER
ENI!.]
1. The State of Telangana, Rep. by its Principal Secietary, Home Department, Secretariat, Hyderabad.
2. The Commissioner of Police, Economic Offences Wing (EOW) Central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad,
3. The Assistant Commissioner of Police, Economic Offences Wing (EOW)'
Team-ll, Central Crime Station, Detective Department, Central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad, Telangana - 500
029.
4. Sub-lnspector, Central Crime Station, Detective Department Cenkal Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad,
Telangana - 500 029.
.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 grant an order, direction or writ, more so in the nature of Mandamus a)To direct the Respondents more specifically Respondent No. 3 in issuing Notice vide Notice No. Cr. No. 73IEOW T-I|/CCS/DD/2026 dated 12.05.2026 under Section 1 79' BNSS, 2023 summoning the Petitioner'in-person'to appear before Respondent No. 3 on 14.05.2026 at 1100 hours, despite submitting a detailed response dated 25.04.2026
to the Respondents and explaining his physical in capabilities due to medical reasons and being a senior citizen and without following due procedure of law, as illegal, arbitrary, and violative of Articles 14, 19, 21 of the Constitution of lndia and contrary to provisions of BNSS, 2023 b)To set aside the Notice vide No. Cr. No.
73IEOW T-l|/CCS/DD12026 dated 12.05.2026 under Section 179, BNSS, 2023, issued by Respondent No. 3 as being illegal, arbitrary and violation of the provisions of BNSS c)To direct Respondent No. 2, not to issue any notice or interrogate the Petitioner without following due process of law and in accordance with the provisions of Section 179, BNSS, more specifically the first provision.
l.A. NO: 1 OF 2026
Petition under Section 151 CPC praying that in the clrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the personal life and liberty of the Petitioner without following due process of law in the interest of justice, pending disposal of the writ petition.
t.A. NO:
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 Respondents not to issue any notice or interrogate the Petitioner without following due process of law and in accordance with the provisions of Section 179, BNSS
more specifically the first proviso, in the interest of justice, pending disposal of the writ petition.
counsel for the Petitioner: sRl SURENDER RAo SENIOR COUNSEL FoR
SRI SIDDARTH POGULA
Counsel for the Respondents: GP FOR HOME
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO
WRIT
No.167
of 2o26
DATE:29.05.20.26
Between:
Ajaz Farooqi
.Petitioner
AND
The State of Telangana,
Represented by its Principai Secretary,
Home Department,
Secretariat, Hyderabad & others
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ORDER:
...Respondents This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:- "...to grunl ctn orcler, clirec'lirttt or v'ril, ntore .To in lhe nuture tf' Mttndantus; et) lo tlirec't the Rc.sprtntlenls n?ora .speci/ic'allv Re.spondent No.3 in i.ssuing Notice vicle Notice N'L'r.No.73/EOl'y T' il/CCS/DD/2026 dated 12,05.2026 uncler sectit'tn 179, BNSS, 2023 summoning the Petilioner 'in-person' to qppear beJbre re'spondent dated 25.04.2026 to the Respondenl.s and explaining hi.s physical incapabilitie.s clue lo mec{icul reusons und being u senior citizen and without .following due proc'eclttre oJ'luu'. ers illegul, erbitrary, und violative of Articles t4, 19. 2l o.l'the Constitution of Indi and cont4ary to provisions of BNSS,2023;
b) To set aside the Notice vide N.Cr.No.73/EOW T- il/CCS/DD/2026 dated 12.05.2026 under Section 179, BNSS, 2023' is.sued by Respondent No.3 qs being illegal, arbitlary, and violation rl lhe provi:;ion.s o/ BNS'S: c') To direc't Re:;lxtndetrt ,\o.), n()t lo i.s:;tte uny'nctlice or interrogate lhe petitioner u'ithout.fitllou,ing clue proc'ess oJ'law and in accordance with the provisions of Section 179, BNSS, more spt:cifically the frst proviso:
d) 7'o ptt.s.s (tn.v oth?r.suth onlerts as this Hon'ble ('ourl deems ./it and proper in the c irc.ut,t.\lun( cr of lhe ca.te... '
2. Heard Mr. Surender Rao, learned Senior Counsel representing Mr. Siddarth Pogula, learned counsel for the petitioner and learned Government Pleader for Home for the respondents. Perused the record.
3. The grievance of the petitioner is that respondent No.3 issued the impugned notice directing the petitioner to appear in person without adhering to the procedure contemplated under Section 179 of the Bharatiya Nyaya Sanhitha, 2023. 4 . Learned counsel for the petitioner submits that the petitioner is a senior citizen and is suffering from health issues, due to which he is unable to attend the police Station for the purpose of giving his statement.
5. Having regard to the aforesaid circumstances, the respondents-police are directed to record the statement of the petitioner at his residence on 01.06.2026 at 12:00 noon, by strictly following the procedure contemplated under Section 179 0f the BNSS,2023.
J
6. With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any are pending, shatl stand closed. SD'-T. SRINIVASA REDDY ASSISTANT REGISTRAR ,/TRUE COPY" SECTION OFFICER G To,
1. The Prineipal,secretary,. Home Department, Secretariat, Hyderabad'
2. The commissioner of Pdlice, Economic offences wing (Eow) central crime The Station Building, Old Commissioner Office, Baseerbagh, Hyderabad, Telangana - 5OO 029. ,
3. The'Assistant commissioner of Police, Economic offences wing (EOW), Team-ll, Central Crime Statiph, Detective Department, Central Crime Station Building, Old Commissioner'|ffice, Baseerbagh, Hyderabad, Telangana - 500
029. .
4. The sub-lnspector, central crime station, Detective Department central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad'
5. One CC to SRI SIDDARTH POGULA, Advocate [OPUC]
6. Two CCs to GP FOR HOME, High Court for the State of Telangana' at Hyderabad [OUT]
7. Two CD Copies PMK BS
HIGH COUR DATED: 2910512026
ORDER
WP.No.16745 ot 2026 CC TODAY t{ES rA
I oE JUrr 2026 Y o i\ t , Dfspnrcrrt-9 DISPOSING OF THE WRIT PETITION c @ t O)x ab