WP/16765/2026 of Shariq Hussain Mohammed Vs State of Telangana on 29 May 2026

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

2. The Station House Officer, Sirpur T police station Komurambheem Asifabad district.

3. Ramesh Rathod, S/o Noor singh aged about 46 years Occ constable 2790 Sirpur T Police station, Komurambheem asifabad dist. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction nore particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in not following the procedure prescribed under section 35 (3) of BNS Ac - and guidelines framed by the Honble Apex court in Arnesh kumar vs State of Bihar in crime No. 9512026 dated 12.5.2026 even though the offences are punishable less than 7 years i.e 18(a), 316(2),317(2) of BNS Act as arbitrary and illegal and consequently direct the respondent No 2 to follow the procedure prescribed u/s 35 (3) and guidelines framed by the Apex court in Arnesh kumar Vs State of Bihar.

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(Special Original Jurisdiction) FRIDAY, THE TWENry NINTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 16765 OF 2026 Between: AND 1, Shariq Hussain Mohammed, S/o Sattar Hussain aged about 35 years Occ.pvt employee R/o 2-65. Bus stop, Sirpur (t) Komurambheem Asiiabad district .,.PETITIONER State of Telangana, rep by its Principal Secretary, Home Department , Secretariat, Hyderabad. The Station House Officer, Sirpur T police station Komurambheem Asifabad district. Ramesh Rathod, S/o Noor singh aged about 46 years Occ constable 27g0 Sirpur T Police station, Komurambheem asifabad dist.

...RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ order or direction nore particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in not following the procedure prescribed under section 35 (3) of BNS Ac - and guidelines framed by the Honble Apex court in Arnesh kumar vs state of Bihar in crime No. 6/2026 dated 12.s.2026 even though the offences are punishable less than 7 years i.e 1g(4), 316(2),317(2) of BNS Act as arbitrary and illegal and consequenfly direct the respondent No 2 to follow the procedure prescribed u/s 35 (3) and guidelines framed by the Apex court in Arnesh kumar Vs State of Bihar.

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 preased to direct the respondent No 2 to folrow the procedure prescribed u/s 35 (3) and guidelines framed by the Apex court in Arnesh kumar vs state of Bihar in crime No 95/2026 daled 12.5.2026 forthe offence u/s 318(4), 316(2) and 317 (2) or BNS Act pending disposal of the above writ petition Counsel for the Petitioner: SRl. cUDl MADHUSUDHAN REDDY Counsel for the Respondent Nos. l&2: Gp FOR HOME Counsel for the Respondent No.3:- The Court made the following: ORDER

THE HON'BLE SRI JUSTTCE SUDDALA CHALAPATHI RAO WRIT PETITION No.16765 of2o26 Between: Shariq Hussain Mohammed Petltioner AND State of Telangana, Represented by its Principat Secretar5r, Home Department, Secretariat,Hyderabad & others ...Respondents orf, This Writ Petition is filed under Article 226 of the Constitution of India, seeking the lollowing relief:- ''... b issue writ orcler or direclittn more parlicularly, one in lhe nature of writ of mandamus declaring the action of the respondent No. 2 in not following lhe procedure prescribed under secrion J5

(3) of BNS Act - and guidelines .frunted by the Hon'ble Apex courl in Arnesh kumar vs. State of. Bihur in crime No. 95/2026 dated 12.5.2026 evcn though the olJentes ure punishable less than 7 years i.e., 318(4), 316(2), 317(2) of BNS Act as arbitrary and illegal and consequently direct the respondent No.2 to follow the procedure prescribed tt/s 35 (3) and guidelines franed by the Apex court in Arnesh kumar Vs State of Bihar and to pass such other order ur orders... "

2. Heard Mr. Gudi Madhusudhan Reddy, learned counsel for the petitioner and learned Government Pleader for Home for the respondent Nos.1 and 2. Perused the record.

3. The grievance of the petitioner is that though the offences alleged against the petitioner under Sections 318(4), 316(2) and 317 (21 of the Bharatiya Nyaya Sanhita Act are punishable with imprisonment of less than seven years, the respondent authorities are proceeding with the investigation without following the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita Act and without adhering to the guidelines laid down by the Honble Supreme Court in Arnesh Kumar a. Stdte of Bihart '

4. In that view of the matter, responde.nt No.2 is directed to strictly follow the procedure contemplated under Section 35(3) of the BNSS Act and also adhere to the guidelines laid down by the Honble Apex court in Arnesh Kumar (supra) during the course of investigation.

5. With the above direction, the Writ Petition is disposed of' No order as to costs. '1zot+;8 scc 273

-) Miscellaneous petitions, if any are pending, shall stand closed ,TTRUE COPY// SD/.B. REKHA ASSISTANT REGISTRAR

SECTION OFFICER To, BM BS

1. The Principal Secretary, Home Department, Secretariat, Hyderabad' - .- .

2. The Station House Ofrtcer, Sirpur T police station Komurambheem Asifabad district.

3. One CC to SRl. GUDI MADHUSUDHAN REDDY Advocate [OPUC]

4. TwoCCstoGPFoRHoMEHighCourtfortheStateofTelangana,at Hyderabad [OUT]

5. Two CD CoPies

HIGH COURT DATED: 29t0512026 WP.No.16765 of 2026 VACATION GOURT oB lHt S ri

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