Telangana High Court

WP/29222/2025 of SRI. CHENNAMANENI SRIDHAR Vs STATE OF TELANGANA on 23 September 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEN/BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29222 OF 2025 Between: .....PETITIONER AND '1 . STATE OF TELANGANA,

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[ 3168 J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEN/BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29222 OF 2025 Between: .....PETITIONER AND '1 . STATE OF TELANGANA, General Administration Department, Rep by its Principal Secretary to Government, Government of Telangana, T.S. Secretariat, HYDERABAD.

2. The Director General of Police, Anti Corruption Bureau (ACB), Roa4 No.'12, Banjara Hills, MLA Colony, Hyderabad, Telangana.

3. The Station House Officer, Anti Corruption Bureau (ACB), P S. ACB, City Range-2, Nampally, Hyderabad, Telangana. 4 The lnvestigating Officer, Anti Corruption Bureau (ACB), P.S ACB, Crty Range-2, Nampally, Hyderabad, Telangana .....RESPONDENTS Petition Under A(icle 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 the nature of Writ of Mandamus declaring arbitrary, high handed action of threatening the Petitioner to give another statement before the Honourable Magistrate or he would be made accused and forcing the Petitioner to come to the Learned Magistrate Court on 2510912025 by the Respondents No.3 and 4 along with other offrcials in the guise of conducting house search in the Petitioners house on 2210912025 and issuance of Notice d| 2210912025, in Cr.No.20 RCA-CR-2/2025, SRI CHENNAMANENI SRIDHAR, S/o Chennamaneni Satya Rao, Aged about 49 years, Occ. Business, Flat No.4, Plot No.1 '1 , Behind Zinggy Restaurant, Dhoolapally Road, Kompally, tVledchal lt/alkajgiri District, TELANGANA STATE

lf I I ?., dt.03/06/2025, P S ACB, City Range-2, Hyderabad as llegal, arbitrary, unjust, violative of the Pr incrples of Natural Justice and violative of Article 14 and 16 of the constitution of lndia and consequently direct the Responderrts No.3 and 4 not to harass the Petitioner or his family and to follow the dur: process of low while enquiring the Petitioner and not to force or threaten h rr rn any way to give statement as per their will and to set aside the N ltrce dt.22l0912025, nr Cr No20/RCA-CR-2t2025. dl 0910612025, P S ACB, City Flange 2

l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High court n-ay be pleased may be suspend the Notice dt22togt2\25 in Cr No. 2oIRCA-CR '.t-l?025. d|0910612025' P S ACB, City Range-2, Hyderabad pending disposal of the main writ petition |.A.NO:2 OF 2025 Petition Under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the Petitioner to be accompanied by his Advocate while attendrng ACB office in pursuance of investigation in cr.No. 2oIRCA-CF ',)-12o25, dt 09/06/2025, P S ACB, City Range-2, Hyderabad before the ACB P.S and all the investigation may be video recorded, pending disposal of the main writ letition |.A.NO:3 OF 2025 Petrtion under section 151 CPC praying that in the c rcumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to permit the Petitioner to submit the Laptop before the jrrisdrctions Honourable Special court for ACB Cases for the purpose of investigation, pending disposal of the main writ petition. Counsel for the Petitioner : SRI M.P.KASHYAP, ADVOCATE FOR SRI M.NAGA DEEPAK ; Counsel for the Respondent No.1 : GP FOR GENERAL ADMINISTRATION ,, at

w Counsel for the Respondent Nos.2 to 4 : SRI T.BALA MOHAN REDDY, SC FOR TS ACB The Court made the following ORDER

iry I I I i I i I I !j i THI] HON'BI,E SRI.ITIS'I'ICE K. LAKSI{MAN WRI'I'PETITION No.29222 of 2025 0IT,{L ORDEIT: lleard h'Ir.N,{.P.Kashyap, lcarr.red counscl reprtscntillg ivlr.\'1 .Naga Deepat,, leat'ned counsel fbr the p,'litioncr and N,'lr. l.Uala lvlohau Reddy. lcarncd Standing (lor.rltsel firr IS A('li apperrring li.r'iesnondcnt Nos.2 to 4. Mr- i Pala lvloilir, Rctlcll' lcar.ed Standing i-'.titlsel lirt lS A('B ilirpealitig irrt'respottdcttt Nos.2 to 4, r'ai;cd tlb.iectitrrr witli regirrr,l ir.r ri16f i1.,* a [.r-rnch ]\'!otion by thc lci:r':rcd cor-rrtscl tirr llrc pclilii.:rcr belore tliis ('or-trt stating that pc" ir,tr:r Is !t()t sccking anv diiection against respondcnt No.l I'riucipal Sccrclar''. trr (.i()\ cnirrtcirt, (ictrcral Administl atirtr-r i)c1-':rt-tmtnt

3. Mr.Nl.l).h-ashyap, learrrccl cottnsel appeaiirrg lirr tlrc petitioner, placing rcliance on thc infonnalior.r available irr tlre rvcbsite of' IS ACU. would submit that TS ACB is lurrctioning tundcr the (i,-'neral Adnrinistral iorr L)eparlmcnt. -l-lieretbrc, he has moved I-r-rnch Molion belbre this Court. -)

I

4. This Writ Petition is filed under Aflicle 226 of tl'rc Constitution of India to declare the high hirnded action in threatening the petitioner to givc another statemcnt betbre the Icarned Magistrate or l.re would be madc accuscrl and lbrcing hirn to come to the learned Magistrale on 25.09.2025 b1' respondent Nos.3 and 4 along with other olllcials undcr thc guise of conducting house scarch in ihe pctilioncr's house on 22.09.2025 and issuance of noticc d:rtcd 22.09.2025 ln Clr.No.2OlRCIA-CR-212025, dated 09.06.2025 on the trle of ACB Police Station, City Range - 2, Ityderabad, as illegal.

5. According to the iearned counsel for the lret.iiioner and learned Standing Counsel appearing fbr TS ACU, petitioner is a u,itness as on today in Cr.No.20ll{CA-CI{-2l2025, dated 09.06.2025 on the file of ACB Police Station, City Range 2, Hvderabad.

6. Earlicr, pctitioner has filed a w,rit petition vide W.P.No.2506A of 2025 seeking to declare the high handed illegal action of respondent Nos.3 and 4 thercin in forcing the - 1;gpttY' :r:..a; ..,:-.,.. U'

l I I I I l I hearing on 25 08.2025 peritioner to give statement/conf-ession before the learned M as istratc they rvant w.ith respecl to Cr.No.ll()RCA-CR- 212025. dated 09.06.2025 on the file of ACB Pc,lice Statior.r, Citl' Range 1. Lly'clerabacl. l'he said writ petitiorr came up 1br on u'hich datc learned co.tnsel lbr the petitionel has strbnrittcd that petitioner has receir'ed summorrs to rvitness datcd 14.08.2025 and 21.08.2025 asking the pctitioncr to gilc liis statcnrent an 22.08.2025. Ill courpliancc with tire said sr-tttrrn,tt.ts, hc has appeared before tire leamed Vi Juclicial MaEr.istrate ol thc First Class, Hyderabad Recording thc said subrtr issioti. the said r,vrit petition wa-' closed lidc orde r dated i,5.08.2025

1. 'fhereailcr. rcspondctrt No.4 has issued notice dateci 22.09.2025 uncier Section 94 of the Bharariya Nagarik Suraksha Sanirita, 2023 (for shor1, 'BNSS,2023') (Section 9i of the Criminal Proceclure Code, 1973) requesl"ing the petitioner to lurnish the L,aptop atong with the entire data belore the unclersigned at tlie Office of Deputy Superintendent ol Police, Anti-Corruption Bureau, City tangt )

Ilyderabad, on 24.09.2025 before 05.00 P.M. Challenging rhe said notice, petitioner filed the present writ petition.

8. Mr.M.P.Kashyap, learned counsel appe:rrir.ru lbr. the petitioner, on instructions, w.ould submit that the Investigating Ofllccr in the subject crirne is threatening the pctitioner.to give statement. If the petitioner submits the said t.aptop to the Invesl.igating Of fioer, tl'rere is every possibilitv ol tarnper sor.ne data and retract the sante, in which event, pet.itioncr ,"vill suffer irrcparable loss.

Perusal ol the statement dated 06.08.2025 recordcd bv the lnvestigating Officer u.ould reveal that it is r.ecorded r-rnder. Section 180 of BNSS,2023. According to tire peritioner, ir is a statcment recorded by the Investigating Otflccr, rvhich is contrar)/ to the staternent given by hinr before tl-re leamed Magistrate. In the light of the same, pctitioncr-seeks pennission of this Court to deposit the said Laptop before the -iurisdictional Court i.c., Principal Special Judge for SpE & ACB Cases, Hyderabad.

10. I-earned Stairding Counsel appearing for 'fS ACB opposing tl.rc said request stating that the Investigal.ing 0{ficcr has been corducting investigation strictly in aocotdatice with larv. Petitionel' is goiltg back ivith his staternents' rlcferring the search proceedings, dated 22.09.2025, he u'otLlci subn.rit that petitioner ha:; rnentioned that hc dift-ers rvith the sratetlcnt on tl.rc -qround that tl.re str[.r.icct Laptop slolen. 1 l. In the light of the said statenlcrlt, paragrziph No'11 o1' searclr proceedir-rgs, dated 22.09.2025 is relevanl and the saue is extracled below: "Furrher, the lnspector of ACB ask':d Sri Chennarnaneni Sridhar to pt'odltce the albrcmcntioned laptol-r fbr: the purpose o1" lurthcr investigation. Sri Chennamaneni Sridhar. statcd that It had been taken by his son, who is sttrdying in the lOth standard at St. Andrews l{igl-r S;hool, Dair-y Farm lload. When thc lnspector instructed onc ol- his stall'mcrnbers to go to the sclrlrol aud collect the laptop, Sri Chennamaneni Sridhar then claimed that the laptop had been mispLrrced or possibly stolen bv sotneone. Upon tl'ris, the lnsirector asked r.r'hether an I"l It had becn t-Lled in case o[' theft. Sri C]hennar.naneni Sridhar replied that no [rlR had been tlled and that he l'as unsule about thc whereabouts ofthc laptop. He continued to provide inconsistent explanations. seeminqll' intcndcci to mislcad thc ACB oillcials. llis inconsistcnt statcments regarding the llP laptop. its details provided by him to thc ACB Olllcials on ll-0(r-2025, strorrglv suggest that hc rvas voluntarily atl.ernpting to couccal or dispose o1'the er.idcnce."

12. Flowevcr, pctitioner is seckirrg perntission to deposit thc said I-aptop bclbrc thc .jurisc{iclional Coult i.c., Principal Special Judge [or SPE & ACB C]ases, Hyderaba.J. Ile sought interirn praycr to the said effbct. .l herefbre, on dcposit of thc sarue, the lnvestigating Otlicer in the subject crimc can scck custociy ol the said Laptop for the purpose of investi.Jation l,carned counsel appearing for the pctitionel reports uo objcclion lbr the same.

13. ln the light ol the said discussion, this Writ Petition is disposed of directing thc pctitioner to deposit the said Laptop before the jurisdictional Court i.c., i.e,, Principal Special Judgc w for SPE & ACII ('ases, I lyderabad, tornonirrv i.e.,, on 2409.2025 bclbre 05.00 P.N{. On deposil o1'thc:arne, libcrtl, is lrranted to tire lur,cstigalinl Officcr in thc sub.lc-.:t criure to lilc an application sceking ctrsl,odv o1'the sarnc iiom thc saicl Cotrrt fbr thc purposc ol invcsligaLion MiscclianeoLrs applications, il' any penditlg, shall stand closed. Therc shall be no ordcr as lo cost:; //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER e To SA BS o

1. The Princrpal Secretary to Government, STATE OF Tt-t ANGANA' General Administration Department, Rep by its Principal Secretary-to Government, Government of Telangana, T.S. Secretariat, HYDERABAD'

2. ihe Director General-of Police, Anti Conuption Bureau (ACB), Roa4 No '12' Banjara Hills. tr/ LA Colony, Hyderabad, Telangana

3. The'station House Officei, Anti Corruptron Buieau (ACB), P S ACB, City Range-2, Nampally, Hyderabad, Telangana.

4. Theinvestigatihg Offic'er, Anti Corruption Bureau (ACB), P S ACB, City Range-2, Nampally, Hyderabad, Telangana_ - _ ^ _

5. TwotCs to Gp FOR GENERAL ADtVltNtsTRATtON, High court for the state of Telangana at Hyderabad [OUT]

6. One CClo SRI M NAGA DEEPAK, Advocate [OPUC]

7. One CC to SRI T.BALA IUOHAN REDDY, SC FOR Tll ACB, Advocate (oPUC)

8. Two CD Copies ?

HIGH COURT DATED:2310912025

ORDER

WP.No.29222 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. koa I r.tE S Ia 14: 31 DllI mr .Jo ,!l) (('? t &9 I I I : I t I I I I I I I i i i i I i I I

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