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2025 DIGILAW 670 (TS)

Makkala Kalpana Gunja Kalpana v. State of Telangana

2025-05-14

J.SREENIVAS RAO

body2025
ORDER : 1. This writ petition is filed seeking the following relief: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 5 in non- following the provisions of criminal procedure code Sec. 41(a) or Sec. 35(3) of B.N.S.S. Act and trying to arrest the Petitioner without following Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar in Crime No.90 of 2025 on the file of the Gandhi Nagar Police Station for the offence U/Sec.420, 406, 380, 451, 457, 456, 441, 378 of IPC, during the pendency of orders of this Honble High Court by colluding with the Respondent No.6,7 is illegal and arbitrary and violative of Articles 14, 15, 21 of Constitution of India and also violative of natural justice and consequently direct the Respondent No. 5 for not to interfere into the peaceful life of the Petitioner and not to interfere into civil disputes between the Petitioner and respondent No.6 and 7 and consequently direct the respondent No.5 to follow the provisions of Criminal Procedure Code (Cr.P.C.) 1973 or Section 35(3) of B.N.S.S and not to arrest the Petitioner, by following the directions of the Honble Apex Court in Arnesh Kumar Vs. State of Bihar in Crime No.90 of 2025 on the file of the Gandhi Nagar Police Station for the offence U/Sec.420, 406, 380, 451, 457, 456, 441, 378 of IPC and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and Sri R.Laxmikanth Reddy, learned Assistant Government Pleader for Home Department, appearing for respondent Nos.1 to 5. 3. With the consent of the learned counsel for the parties, the writ petition is disposed of at the stage of admission. 4. During the course of hearing, learned counsel for the petitioner submitted that basing on the complaint lodged by the respondent No.7, Crime No.90 of 2025 was registered by the Station House Officer, Gandhi Nagar Police Station for the offences under Sections 420, 406, 380, 451, 457, 456, 441 and 378 of the Indian Penal Code, 1860, on 10.04.2025. 4. During the course of hearing, learned counsel for the petitioner submitted that basing on the complaint lodged by the respondent No.7, Crime No.90 of 2025 was registered by the Station House Officer, Gandhi Nagar Police Station for the offences under Sections 420, 406, 380, 451, 457, 456, 441 and 378 of the Indian Penal Code, 1860, on 10.04.2025. He further submitted that all the offences levelled against the petitioner are punishable with an imprisonment of less than seven years and the respondent authorities without following the procedure contemplated under Section 41-A of the Criminal Procedure Code, 1973 (Cr.P.C)/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar , (2014) 8 SCC 273 are trying to arrest the petitioner and the same is contrary to law. 5. Learned Assistant Government Pleader for Home Department has not disputed about the registration of Crime No.90 of 2025 by the concerned police and has also not disputed that the offences levelled against the petitioner are punishable with an imprisonment of less than seven years. 6. In the light of the aforesaid submissions, notice to respondent Nos.6 and 7 is dispensed with. 7. In view of the submissions made by the learned counsel for the parties, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the Investigation Officer on or before 20.05.2025. On such appearance of the petitioner, the Investigation Officer is directed to scrupulously follow the procedure contemplated under Section 41-A of Cr.P.C/Section 35(3) of BNSS and the guidelines issued by the Apex Court in Arnesh Kumar (supra). 8. It is made clear that the petitioner shall cooperate with the Investigation Officer for the investigation and make herself available to the Investigation Officer as and when required and also provide the information/documents as sought by him to conclude the investigation. 9. If the petitioner fails to cooperate with the Investigation Officer for investigation, the Investigation Officer is at liberty to take action against her in accordance with law. 10. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed.