Chalasani Aruna & Anr. vs The State Of Telangana & Ors.

Alleging interference by the respondent police into the life and liberty of the petitioners and seizing of the petitioners vehicle i.e. Maruti Suzuki Car bearing No.TS05EA0276 and mobiles pertaining to the petitioners illegally, without any reason, this writ petition has been filed.

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home, appearing for the respondents 1 to 5.

The learned Assistant Government Pleader for Home, on written instructions, submitted that there was a complaint received from the 7th respondent against the petitioners herein and in connection with the said complaint, the petitioners have been called to the police station. It is submitted that a crime No.174 of 2026 dated 01.08.2026 has been registered under Sections 329(3), 324(4), 115(2), 352, 351(2) read with Section 3(5) of BNS against the petitioners herein and the investigation is taken up. The allegations that the mobiles and the car pertaining to the petitioners have been seized and that the petitioners were compelled to execute an undertaking to appear before the police station to compromise the civil dispute are denied. It is submitted that though the petitioners were directed to come and take vehicle they have not appeared and that the vehicle has not been seized by the police. Learned Assistant Government Pleader on query from the bench it is mentioned that the offences which are included in the FIR attracts punishment of less than or upto seven years.

In view of the same, the respondent police are directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, "BNSS") to the petitioners and to strictly follow the guidelines laid down by the Hon'ble Apex Court in the case of Arnesh Kumar v. State of Bihar^{11.(2014) 8 SCC 273} before taking any action against the petitioners. As regard the mobiles and the vehicle, the petitioners are directed to approach the respondent-police and the police shall immediately return the said items to the petitioners.

With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.