Telangana High Court
Sanala Jayanand Chary, vs The State Of Telangana, on 21 May, 2025
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.13992 of 2025
ORDER:
This writ petition is filed for the following relief:
"to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in non-following the provisions of the Criminal Procedure Code Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act and non-initiating to implement the directions of the Honble Apex Court in Arnesh Kumar V/s. State of Bihar and trying to arrest the Petitioner in Crime No.350 of 2025 for the offences under Section 329 (3), 324 (4), 351 (2), r/w. 3 (5) B.N.S. dated 10.04.2025 is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300-A of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.5 to follow the provisions of the Criminal Procedure Code Section 41-A Cr.P.C. nor Section 35 (3) of B.N.S.S. Act and follow the directions of the Honble Apex Court in Arnesh Kumar V/s. State of Bihar in Crime No.350 of 2025 for the offences under Section 329 (3), 324 (4), 351 (2), r/w. 3 (5) B.N.S. dated 10.04.2025 and pass....."
2. Heard Sri Udit Narayan, learned counsel, representing Sri Rapolu Bhaskar, learned counsel for the petitioners and Sri B.Sridhar, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5.
3. During the course of hearing, learned counsel for the petitioners submits that the offences leveled against the petitioners are punishable with imprisonment of less than seven years.
4. Learned Assistant Government Pleader for Home, basing upon the written instructions furnished by respondent No.5-Station House Officer, Medchal Police Station, submits that respondent No.5 has already issued the notice exercising powers conferred under Section 35(3) of BNSS. On 17.5.2025 to the petitioners and the cause in the writ petition does not survive.
5. Recording the above said submissions, the writ petition is closed. However, the petitioners are granted liberty to avail the remedies as available under law. There shall be no order as to costs.
Miscellaneous petitions, pending if any, shall stand closed.
___________________ J.SREENIVAS RAO Date: 21.05.2025 vv/bv