IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.9855 OF 2026 DATE : 02.04.2026 Between:

Shivaratri Narsimhulu …Petitioner AND The State of Telangana and Others …Respondents

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a Writ, Order or Direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of Respondent No.2 in not issuing notice under Section 35 B.N.S.S., in Cr.No.50 / 2026 on the file of Yellareddypet Police Station as illegal and arbitrary and consequently direct Respondent No.2 to issue notice under Section 35 BNSS as laid down by the Apex Court in Arnesh Kumar vs State of Bihar and pass.…”

2. Heard Mr. Muddala Mahesh, learned counsel for petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home.

3.1. Learned counsel for the petitioner respectfully submits that the petitioner has been falsely implicated in the present case and has been charged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Prevention of Damage to Public Property Act, 1984. It is contended that the alleged offences are punishable with im