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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Patnam Narender Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Sri Gandra Mohan Rao, learned Senior Counsel representing Mr. T.V. Ramana Rao, learned counsel for the petitioner and Sri Palle Nageswar Rao, learned Public Prosecutor.
2. The present Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2024 (for short, ‘BNSS’), to quash the docket order dated 13.11.2024 passed by the learned Judicial Magistrate of First Class at Kodangal, Vikarabad (for short, ‘the Magistrate’) in Cr.No.153 of 2024 of Bomraspet Police Station.
3. The petitioner is an Ex-MLA. He is an accused No.1 in the aforesaid crime. The offences alleged against the petitioner herein are under Sections 61 (2), 49, 191(2), 191(3), 132, 109, 121(1), 126(2), 336(4), 324(4) read with 49 and 190 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short, ‘PDPPA’) and Section 128 of BNSS.
4. On the complaint lodged by the Sub Divisional Police Officer, Vikarabad Sib-division (respondent No.2), the Police Bomraspet Police Station registered the aforesaid crime against the petitioner herein for the aforesaid offences. The Investigating Officer arrested the petitioner on 1
The court upheld the legality of the arrest and remand of the petitioner, affirming compliance with statutory and constitutional requirements.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
The failure to communicate grounds of arrest in writing and late production before the Magistrate violates due process, rendering the arrest illegal.
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