THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 27508 of 2025

ORDER

The present writ petition is filed seeking the following prayer:

“…declaring the action of the respondent No 3 in forcibly calling the petitioner to the police station without there being any complaint against the petitioner is arbitrary illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents not to call the petitioner to the police station without following due process of law…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this writ petition is taken for disposal.

3. The facts of the case in brief as stated are that petitioner is a resident of Narayanpet Town and District and is doing business. It is submitted that on 08.09.2025, respondent No.3 called the petitioner to the Police Station without stating any cause. It is further submitted that as on date, no criminal complaint has been lodged against the petitioner. From 08.09.2025 onwards, respondent No.3 was calling the petitioner to the Police Station for no reason. Questioning the same, the present writ petition is filed.

4. The Station House Officer, Narayanpet Police Station, Narayanpet District placed a copy of instructions through learned Assistant Government Pleader for Home and submits that on 08.09.2025, the complainant by name Manne Sathish S/o.Manne Gopal came to Police Station and lodged a complaint, stating that on 07.09.2025 at 19:00 hours to 20:00 hours one Juber @ Kureshi resident of Narayanpet Town entered the complainant’s house illegally with other religion pamphlets, books & sweet box and tried to propagate other religion. The said Juber also campaigned in complainant’s colony and requested to take necessary action as per law. Based on the above complaint, respondent No.3 registered FIR No.220 of 2025 under Sections 329 (4), 299 of BNS, dated 08.09.2025 against Juber @ Kureshi who is arrayed as Accused No.1. During investigation, four witnesses including the complainant were examined and that on 09.09.2025, when Accused No.1 was interrogated accused confessed to have committed the offence and further stated that on 07.09.2025, the petitioner herein i.e., Arshad Faisal has handed over some books and pamphlets and told him to distribute the same to Hindus situated in Baharpet area and spread the message of Islam and given money for undertaking the said task. The accused further confessed that he informed the petitioner that if he does such act, there may arise religious disputes between Muslims and Hindus, for which petitioner told that his intention is to raise communal disturbances.

5. It is further stated that after recording the confession- cum-seizure panchanama, respondent No.3 served notice under Section 35 (3) of BNSS to Accused No.1. Based on the confession of the arrested Accused No.1, the petitioner was shown as Accused No.2 in the above crime and a memo was filed before the jurisdictional Court and for the purpose of investigation and for issuing notice under Section 35 (3) of BNSS, respondent No.3 called the petitioner and instead of cooperating with the investigation, Accused No.1 filed the present writ petition.

6. In that view of the matter, since the petitioner is arrayed as Accused No.2 in the said FIR, this Writ Petition is disposed of with the direction to respondent authorities to follow due procedure as contemplate under law for the purpose of investigation. Needless to state that petitioner shall cooperate with the investigation.

7. Recording the above said submission, writ petition is disposed of, accordingly.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

______________________________________

N.V.SHRAVAN KUMAR, J

12.09.2025

MRM