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2025 Supreme(Online)(Tel) 53542

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
P. Srinivas Yadav – Appellant
Versus
The State of Telangana – Respondent
WP 15064/2025



ORDER:

This writ petition is filed seeking the following relief:

“ ... to issue to issue a Writ Order or direction particularly in the nature of Mandamus declaring the action of the respondents Police in arresting the Petitioner illegally and arbitrarily without following the due procedure as contemplated under Section 353 of BNS although the offence alleged against the Petitioner are punishable less than 7 years in connection Crime No 581 of 2025 dated 05.05.2025 on the file of Hayathnagar Police Station, Ranga Reddy District as illegal, arbitrary and unconstitutional and violation of principles of natural justice and violation Art. 14, 19, 21 of the Constitution of India and consequently declare the arrest of the Petitioner is illegal and release the Petitioner immediately from the illegal custody of the Police and pass……..”

2. Heard Mr.S.Ganesh, learned counsel for the petitioner/accused and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. During the course of hearing, it is brought to the notice of this Court that the offences levelled against the petitioner are punishable with an imprisonment of less than seven years. Learned counsel for the petitioner submitted that subsequent to filing the writ petition, the police arrested the petitioner on 06.05.2025 in the evening hours and produced him before the learned Principal Junior Civil Judge-cum-XIV Additional Judicial Metropolitan Magistrate, Cyberabad at Hayathnagar, Ranga Reddy District by altering the Section 121(1) of Bharatiya Nyaya Sanhita to 121 (2) of Bharatiya Nyaya Sanhita and also added Section 132 of the Bharatiya Nyaya Sanhita. However, the learned Magistrate rejected the remand of the petitioner vide order dated 07.05.2025 in Crime No.581 of 2025, directing the Investigating Officer to issue notice under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita and the copy of said order is placed on record.

4. In view of the above said submission, no further adjudication is required.

5. Accordingly, the writ petition is disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

______________________ J.SREENIVAS RAO, J

Note: Issue C.C. in two days.

B/o

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