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2025 Supreme(Telangana) 1363

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Lekkala Gopi Krishna - Appellant
Vs.
The State of Telangana - Respondent
Writ Petition Nos. 23278, 23289, 23291 of 2025
Decided On : 06-08-2025

Advocates:
Advocate Appeared:
For the Appellant : Aruva Raghuram Mahadev
For the Respondent: GP For Home

Procedural compliance is critical in legal orders, with a magistrate required to ensure adherence to due process and provide adequate reasoning in actions taken under prescribed laws.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 130 - Writ petitions challenging orders of Special Executive Magistrate - Orders were made without adhering to due procedure outlined in BNSS - The impugned orders were set aside and the matter remanded for re-enquiry. (Paras 2, 10, 19, 22)

(B) Judicial Review - The court emphasized that procedural compliance is essential in legal orders, particularly regarding the rights of accused individuals to be informed and to respond adequately. (Paras 19, 21)

Facts of the case:
The petitioners challenged orders issued by a Special Executive Magistrate based on allegations from various complaints resulting in multiple criminal cases against them. Respondent No.2's imposed orders were claimed to be procedurally deficient by the petitioners.

Findings of Court:
The court found that the impugned orders did not follow proper procedures and lacked sufficient reasoning.

Issues: The main issues were whether respondent No.2 followed the proper procedure under BNSS, and whether the petitioners were afforded their rights in the inquiry process.

Ratio Decidendi: The court concluded that a Magistrate must apply the prescribed procedures and cannot impose orders without justifying them through adequate reasoning and procedural compliance.

Result: The writ petitions were allowed, impugned orders set aside, and the matter remanded for proper inquiry.

Table of Content
1. disputes and allegations of criminal activity. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. observations on necessity and authority of respondent. (Para 9 , 14 , 18 , 21)
3. procedural claims of petitioners regarding orders. (Para 10 , 11 , 12 , 19 , 20)
4. explanation of respondent's legal obligations. (Para 13 , 17)
5. judgment remanding matter for re-examination. (Para 22)

ORDER :

1. Heard Mr.G.Vidya Sagar, learned Senior Counsel representing Mr.A.Raghuram, learned counsel for the petitioners in W.P.Nos.23278 and 23289 of 2025, Mr.G.Sai Prasen, learned counsel for the petitioner in W.P.No.23291 of 2025 and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home.

2. These three writ petitions are filed challenging the orders in M.C.Nos.54, 55 and 56 of 2025, all dated 01.08.2025 passed by respondent No.2 – Special Executive Magistrate- cum-Deputy Commissioner of Police, Rajendranagar Zone, Cyberabad, under Section 130 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’).

3. Respondent No.2 has passed said orders in M.C.Nos.54, 55 and 56 of 2025, all dated 01.08.2025 basing on the report dated 19.07.2025 of respondent No.3 – Station House Officer, Narsingi Police Station. There is reference to four (4) crimes in the impugned order i.e., 1) Crime No.2 of 2016 for the offences punishable under Sections 4 1 , 12 and 120(b) of Bharatiay Nyaya Sanhita, 2023 (for short ‘ BNS , 2023’), Section 13 (2) of the Unlawful Activities (Prevention) Act, 1967 (for short ‘ UAPA , Act’) and Sections 4 and 20(a) of the Indian TELEGRAPH ACT , 1885 of Dumbriguda Police Station, Andhra Pradesh; 2) Crime No.1271 of 2024 for the offences punishable under Sections 3 29(4), 351(2), 316(2), 318(4), 336(2), 338, 336(3) and 340(2) read with Sections 62 and 3(5) of BNS , 2023 of Madhapur Police Station; 3) Crime No.904 of 2025 for the offences punishable under Sections 3 29(3) and 351(2) read with Section 3 (5) of BNS , 2023 of Narsingi Police Station; and 4) Crime No.1140 of 2025 for the offences punishable under Sections 3 29(3), 324(4) and 303(2) read with Section 3 (5) of BNS , 2023 of Narsingi Police Station.

4. Petitioner in W.P.No.23291 of 2025 i.e., Mr.Lekkala Purushotam Naidu is the Managing Partner of M/s.Vision Resorts, which is claiming land admeasuring Acs.222.00 guntas in Sy.Nos.123, 124, 125, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 152/AA, 152/aa, 153, 154 and 174, situated at Sultanpally Village and Grampanchayat, Shamshabad Mandal (previously Chevella Mandal), Rangareddy District, Telangana. It appears that there are disputes among the partners of the said firm. The said firm represented by its Managing Partner i.e., Mr.Lekkala Purushotam Naidu, petitioner in W.P.No.23291 of 2025 has filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 vide C.O.P.No.45 of 2024 against its partner and vide order dated 28.01.2025, learned Commercial Court allowed the said application.

5. Mr.E.Damodar, Retired IPS Officer has lodged a complaint dated 11.06.2025 with respondent No.3 – Police Station alleging theft of Prefabricated Servant Quarter, criminal trespass and damaging compound wall of plot admeasuring 1730 square yards in Sy.No.369/part of Manchirevula Village by the petitioners in all the aforesaid writ petitions, promoters/Directors of M/s.Nockel India Private Limited. Respondent No.3 has registered a case in Crime No.1140 of 2025 against the petitioners for the aforesaid offences.

6. It is also apt to note that on the complaint dated 06.05.2025 of the said Mr.E.Damodar, Inspector General of Police (Retired), respondent No.3 has registered a case in Crime No.904 of 2025 against the petitioners herein for the aforesaid offences. Allegations leveled against the petitioners in the said complaint are that the petitioners tried/attempted to grab the said property belongs to his wife.

7. On the complaint dated 27.09.2024 lodged by Mr.Ganta Rajasekhar Rao, Police, Madhapur Police Stat

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