Hakeem Khan vs The State Of Telangana & Ors.

Alleging harassment and highhanded action on the part of respondents 4 to 7 in attempting to arrest the petitioner's son Salman Khan in spite of his admission into a corporate hospital, i.e., Care Hospital, Road No.1, Banjara Hills, Hyderabad as illegal and arbitrary, this Writ Petition has been filed.

It is submitted that the petitioner's son is the sole accused in Crime No.250 of 2026 of Mehdipatnam Police Station, Hyderabad District and though the punishment prescribed for the offence under which the FIR has been registered against the petitioner's son is below 7 years, the respondent police, instead of issuing a notice under Section 35(3) of BNSS and following the guidelines of the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others (AIR 2014 SC 2756), are trying to arrest the petitioner's son and take coercive action against him even though the police are aware that the petitioner's son is now admitted into the hospital as he attempted to commit suicide by consuming ten Dolo-650 tablets.

Learned Assistant Government Pleader for Home submitted that the complaint against the petitioner's son is of disturbing peace and tranquillity in the society and therefore, appropriate action has to be taken against the petitioner's son.

Having regard to the above submissions and particularly that the petitioner's son is admitted into the hospital, the respondent police are directed not to take any coercive steps against the accused/petitioner's son Salman Khan till his condition is stabilised and till the hospital discharges him from the hospital and in the mean time, the respondent police are at liberty to serve a notice under Section 35(3) of the BNSS to the petitioner's son and take appropriate action to maintain peace and harmony in the society after he is discharged from the hospital.

The Writ Petition is accordingly disposed of. No order as to costs.

Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.