Ashutosh Kumar & Ors. vs The State Of Telangana & Ors.

This Writ Petition is filed challenging the action of respondent No.4 in repeatedly calling the petitioners to attend their police station at Gopalapuram and causing inconvenience to the petitioners.

Heard Ms. Raheem Unnisa Sultana, learned counsel representing learned counsel for the petitioners and Sri D.Pradeep, learned Assistant Government Pleader for Home appearing for respondents No.1 to 4.

Learned Assistant Government Pleader for Home, on oral instructions, submitted that F.I.R.No.242 of 2026 dated 01.10.2026 has been registered against the petitioners on the file of Gopalapuram Police Station, Malkajgiri, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. It submitted that the petitioners have been arrayed as accused Nos.3, 2 and 1 respectively and that they are residents of Mumbai. It is further submitted that the petitioners have been called to the police station as part of investigation.

The learned counsel for the petitioners submitted that the offence alleged against the petitioners is punishable with imprisonment of less than seven (07) years and therefore, the respondent-police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, to the petitioner and follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar^{11.(2014) 8 SCC 273}.

Having regard to the fact that the offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 are punishable with imprisonment upto seven (07) years and since the petitioners are residents of Mumbai, the petitioners are directed to appear before respondent No.4 on 14.10.2026 before 04:00 PM, whereupon the respondent police shall serve notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, on them, and shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar (cited supra), and proceed strictly in accordance with law. The petitioners shall give an undertaking to respondent No.4 to cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioners to the police station except for justifiable cause. However, if the provisions of sections mentioned in the F.I.R. are altered and as a consequence, Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not applicable, the respondent police are at liberty to take further action in accordance with law.

With the above observations and directions, this Writ Petition is disposed of. No order as to costs.

Miscellaneous applications, if any, pending shall stand closed.