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2026 Supreme(Online)(Tel) 22288
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi, J
Gunja Ramesh – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION NO.23059 OF 2026
Important Points
Subject
Criminal Law - Police Procedural Compliance
Act Referred
Headnote
For the Appellants/Petitioners:
For the Respondents: Assistant Government Pleader for Home
| Table of Content |
|---|
| 1. allegations of police harassment and the state's response regarding the current fir sections. (Para 1 , 2) |
| 2. requirement of notice under section 35(3) of bnss and adherence to arnesh kumar guidelines. (Para 3) |
| 3. formal disposal of the writ petition and closure of miscellaneous petitions. (Para 4 , 5) |
O R D E R
Alleging interference by the respondents into the house of the petitioner every day in connection Crime No.312 of 2026 of Medchal Police Station and calling the petitioner to the police station every day and in making him to sit in the police station from morning to evening and in not following the procedure established by law, this Writ Petition has been filed.
2. Learned Assistant Government Pleader for Home submitted that there is no interference by the police as alleged by the petitioner and further that the provisions of law under which the FIR has been registered require only a notice under Section 35(3) of BNSS, but that a Memo for alteration of sections has been filed before the concerned Magistrate in In-ward No.3242 of 2026 dt.21.07.2026 and that the punishment under Section 308(5) of BNS is 10 years.
3. Having regard to the rival contentions, this Court finds that as the matter stands today, the provisions/sections of BNS which have been included in the FIR require only a notice under Section 35(3) of BNSS as per the guidelines of the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and others (AIR 2014 SC 2756) Since the Memo for altering the Sections has not yet been allowed by the trial Court, the respondents shall carry on investigation in respect of the Sections which are mentioned in the subject FIR and issue notice under Section 35(3) of BNSS and if the trial Court allows the Memo for alteration of the Sections, then the respondents shall take action therefor strictly in accordance with law. Therefore, the respondents are directed not to interfere into the civil disputes between the petitioner and the complainant in the subject FIR and issue notice under Section 35(3) of BNSS to the petitioner and take action in accordance with law if the petitioner submits his explanation thereto. The respondents are directed not to interfere with the personal liberty of the petitioner and also not to summon the petitioner to the police station without any justifiable cause.
4. The Writ Petition is accordingly disposed of. No order as to costs.
5. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
