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2025 Supreme(Online)(Tel) 14434
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. VINOD KUMAR, J
Krishna Moorthy – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No. 18024 of 2025
For the Appellants/Petitioners: [Learned Counsel]
For the Respondents: [Learned Government Pleader for Home]
Court clarifies procedural rights of accused in investigations, emphasizing cooperation and required notifications.
Headnote:This judgment addresses the petitioners' claim of harassment by the 4th respondent, arguing illegal actions under Articles 14, 19, and 21 of the Constitution. The court finds that the petitioners have been correctly identified as accused in a separate ongoing investigation and directs the respondents to serve a notice under Section 35(3) of BNSS. The court's primary reasoning confirms that the procedure followed by the authorities aligns with statutory requirements and emphasizes cooperation from the petitioners in the investigation. The Writ Petition is disposed of subject to conditions outlined herein.
| Table of Content |
|---|
| 1. petitioners alleged harassment and violation of rights. (Para 1 , 2 , 3) |
| 2. response by government pleader emphasizing procedure. (Para 4 , 5) |
| 3. court’s directive for notice under bnss. (Para 6 , 9) |
| 4. writ petition concluded with directions. (Para 10) |
ORDER
Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.
2. Shorn of unnecessary details, the case of the petitioners, in brief, is that, the 4th respondent is harassing them and their family in connection with STCNI No.3762 of 2024 pending on the file of the X Metropolitan Magistrate, Manoranjan Complex, Hyderabad, by making calls and sending messages via whatsapp without issuing any notice or copy of the complaint, which action of the respondents-authorities it is contended as illegal, arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India .
3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4, while denying the writ averments, would submit that based on the complaint given by one Shyam Ram Chandani, the authorities have registered a case, vide Crime No.19 of 2025 dt.24.01.2025, wherein the 1st petitioner is arrayed as accused No.3, 2nd petitioner is arrayed as accused No.2 and that the respondents-authorities are investigating into the aforesaid crime.
4. Learned Government Pleader further submits that since, the authorities have registered the aforesaid crime, wherein the petitioners are arrayed as accused, the respondents-authorities have called them to cooperate with the investigation by receiving the notice under Section
35(3) of BNSS , 2023.
5. Learned Government Pleader further submits that the petitioners without coming forward to receive the notice which the respondents- authorities intend to issue have filed the present Writ Petition by making baseless allegations.
6. Having regard to the submissions made as above, though the petitioners by the present Writ Petition claim of the respondents- authorities calling them in connection with STCNI 3762 of 2024 pending on the file of X Metropolitan Magistrate, Hyderabad, the fact that another case, vide Crime No.19 of 2025 dt.24.01.2025 having been registered against the petitioners who are arrayed as accused Nos.3 and 2 therein, and the respondents-authorities in connection with the aforesaid crime having called them for serving notice under Section 35(3) of BNSS , this Court is of the view that the respondents-authorities are to be directed to serve notice under Section 35(3) of BNSS .
7. At this stage, learned counsel for the petitioners appearing on behalf of the petitioners would submit that the petitioners would approach the 3rd respondent authority on 10.07.2025 to collect the notice under Section 35(3) of BNSS and cooperate with the investigation by furnishing the information/documents as may be sought for thereunder.
8. The aforesaid submission made by the learned counsel appearing on behalf of the petitioners is placed on record.
9. Since, the petitioners now express readiness to cooperate with the investigation by receiving the notice under Section 35(3) of BNSS , this Court is of the view that the respondents-authorities are to be directed to issue notice under Section 35(3) of BNSS to the petitioners on 10.07.2025 and conduct investigation thereinto, in accordance with law.
10. Subject to above direction, the Writ Petition is disposed of. No order as to costs.
