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Nevuri Shivakumar @ Shivareddy vs The State Of Telangana & Ors.

Telangana High Court · Decided on 7 August 2026

HON’BLE JUDGES
Tangirala Madhavi Devi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 26087 of 2026

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Judgment

8 paragraphs · 451 words

This Writ Petition is filed seeking the following relief:

"...to issue a Writ of Mandamus or any other appropriate Writ order or direction declaring the action of the Respondents more particularly Respondent No. 2 in not following the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar and Others and trying to detain the Petitioner in Crime No. 432 of 2026 on the file of Police Station, Sircilla Town, Rajanna Sircilla District, which is highly illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of Constitution of India and also violation of established principles of law and consequently direct the Respondent No. 2 to issue Notices under Section 35 (3) of BNSS/ Section 41-A of CRPC to the Petitioner / Accused No. 2 in Crime No 432 of 2026 on the file of Police Station, Sircilla Town, Rajanna Sircilla District, as per the Apex Court guidelines in Arnesh Kumar Vs. State of Bihar and Others and pass..."

2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for respondents No.1 and 2.

3.

Learned counsel for the petitioner submitted that Crime No.432 of 2026 has been registered against the petitioner on the file of Sircilla Town Police Station, Rajanna Sircilla District, for the offences punishable under Sections 296(b), 351(2) and 356(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r)(s), 2(v)(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is further submitted that the offences alleged against the petitioner are punishable with imprisonment 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, (for short, "BNSS") and follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1.

4.

Having regard to the fact that the above offences are punishable with imprisonment less than seven (07) years, the respondent police are directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking any coercive steps against the petitioner. The respondent police shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar (cited supra), and thereafter proceed strictly in accordance with law. The petitioner shall cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioner to the police station except for justifiable cause.

5.

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

Miscellaneous applications, if any, pending shall stand closed.

Footnotes

  1. 1.(2014) 8 SCC 273