[ 32191 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 18806 OF 2026 Between: 1. Durva Shankar, S/o Sakaram, Aged about 72years, Occ: Rtd Tahsildar, R/o-3-327, Sandeepnagar, Asifabad. Adilabad District. 2. Dhurva Vijayalakshmi, Wo. Durva Shankar Aged about 60 years, Occ-Housewife, Rlo. 3-327 , Sandeepnagar, Asifabad. Adilabad District. ...PETITIONERS AND 1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings , Hyderabad 2. The Director General of Police, State of Telangana, Hyderabad. 3. The Superintendent of Police, Asifabad, Kumarabheem-Asifabad District. 4. The Station House Officer, Asifabad Police Station, Kumarabheem-Asifabad District. ...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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.3 in threatening to arrest the petitioner in connection with Crime No.223 of 2026 on the file of Asifabad Police Station, Kumuram Bheem-Asifabad District, without following the due procedure established by law, as illegal, arbitrary, unconstitutional and violative of the petitioners fundamental rights guaranteed under Articles 14 and 21 of the Constitution of lndia, and consequently direct the respondent No.3 to strictly adhere , to the provisions of the B.N.S.S, 2023, and the law laid down by the Honorable Supreme Court while conducting the investigation and before taking any coercive steps against the petitioner. r.A. NO: 1UF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 not to take any coercive steps, including arrest of the petitioner, in connection with Crime No 223 of 2026 on the file of Asifabad Police Station, Kumuram Elheem-Asifabad District, except by strictly following the due procedure established by law and the safeguards contemplated under the B.N.S.S, 2023 and the law laid down by the Hon'ble Supreme Court of lndia, pending disposal of the above Writ Petition. counsel for the Petitioner: SRr NARESH VERMA BAVANDLAPELLI Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT TrrroN No.18806 oF 2026 DATED : 17.06.2026 Between: Durva Shankar and another Petitioners AND The State of Telangana rep. by its Principal Secretary, Home Departrnent, Secretariat Buildings, Hyderabad and others ... Respondents ORDER The petitioners have filed this Writ Petition apprehending arrest by the respondents in connection with Crime No.223 of 2026 on the frle of Asifabad Police Station, Kumrambheem-Asifabad District without following the due process of law as laid down by the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others 27s6).urmrf4 sc - ) W.P. No.18806 of2026

2. It is submitted that the offences under which the FIR has been registered are Sections 329(3),324(4),351(2) read with Section 3(5) of BNS and all these offences prescribe punishment of less than seven (7) years and therefor.e, a norice under Section 35(3) of BNSS has to be issued. 3. Learned Assistant Government pleader for Home has received written instructions and it is subrnitted that there were three (3) crimes registered against the r't petitioner and others and the investigation thereon is going on. 4. Learned counsel for the petitioners submitted that in respect of those three crimes also, though the offences involved prescribe punishment of less than seven (7) years, instead of giving notices under Section 35(3) of BNSS, the l't petitioner has been arrested and remanded to judicial custody and therefore, he had to obtain bail from petitionthis Court in Criminal No.553 I of 2026 vide order dt.|6.04.2026. FIe submitted that in view of these circumstances, the petitioners apprehend that the respondents may not follow the provisions of law and they may arrest the petitioners herein in the subject crime. G3!n7 W.P. No.18806 of 2026 3

the above submissions into consideration and particularly 5. Taking since the offences under which Crime No.223 of 2026 on the file of Asifabad Police Station has been registered prescribe punishment of less than seven (7) years, the respondents are directed to issue notice under Section 35(3) of BNSS to the petitioners and consider the explanation, if any, submitted by them and take action thereon in accordance with law. 6. The Writ Petition is accordingly disposed of. No order as to costs 7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. SD/.M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY/ ef,rioru oFFtcER To, 1 The Principal Secretary, Home Department, Secretariat Buildings , Hyderabad 2 The Director General of Police, State of Telangana, Hyderabad. 3 The Su perintendent of Pol ice, Asifabad, Kumarabheem-Asifabad District. 4 The Station House Officer, Asifabad Police Station, Kumarabheem-Asifabad District. 5 One CC to SRI NARESH VERMA BAVANDLAPELLI, Advocate [OPUC] o Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] 7 Two CD Copies PMK BSA HIGH COURT CC TODAY DATED: 1710612026 '1 9. s ORDER 1 t{ T A TE WP.No.18806 of 202G tt 2020 o 25 JUil .b D I * oE DISPOSING OF THE WRIT PETITION WITHOUT COSTS f@)il aq\o\as

[ 32191 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 18806 OF 2026 Between: 1. Durva Shankar, S/o Sakaram, Aged about 72years, Occ: Rtd Tahsildar, R/o-3-327, Sandeepnagar, Asifabad. Adilabad District. 2. Dhurva Vijayalakshmi, Wo. Durva Shankar Aged about 60 years, Occ-Housewife, Rlo. 3-327 , Sandeepnagar, Asifabad. Adilabad District. ...PETITIONERS AND 1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings , Hyderabad 2. The Director General of Police, State of Telangana, Hyderabad. 3. The Superintendent of Police, Asifabad, Kumarabheem-Asifabad District. 4. The Station House Officer, Asifabad Police Station, Kumarabheem-Asifabad District. ...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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.3 in threatening to arrest the petitioner in connection with Crime No.223 of 2026 on the file of Asifabad Police Station, Kumuram Bheem-Asifabad District, without following the due procedure established by law, as illegal, arbitrary, unconstitutional and violative of the petitioners fundamental rights guaranteed under Articles 14 and 21 of the Constitution of lndia, and consequently direct the respondent No.3 to strictly adhere , to the provisions of the B.N.S.S, 2023, and the law laid down by the Honorable Supreme Court while conducting the investigation and before taking any coercive steps against the petitioner. r.A. NO: 1UF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 not to take any coercive steps, including arrest of the petitioner, in connection with Crime No 223 of 2026 on the file of Asifabad Police Station, Kumuram Elheem-Asifabad District, except by strictly following the due procedure established by law and the safeguards contemplated under the B.N.S.S, 2023 and the law laid down by the Hon'ble Supreme Court of lndia, pending disposal of the above Writ Petition. counsel for the Petitioner: SRr NARESH VERMA BAVANDLAPELLI Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT TrrroN No.18806 oF 2026 DATED : 17.06.2026 Between: Durva Shankar and another Petitioners AND The State of Telangana rep. by its Principal Secretary, Home Departrnent, Secretariat Buildings, Hyderabad and others ... Respondents ORDER The petitioners have filed this Writ Petition apprehending arrest by the respondents in connection with Crime No.223 of 2026 on the frle of Asifabad Police Station, Kumrambheem-Asifabad District without following the due process of law as laid down by the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others 27s6).urmrf4 sc - ) W.P. No.18806 of2026

2. It is submitted that the offences under which the FIR has been registered are Sections 329(3),324(4),351(2) read with Section 3(5) of BNS and all these offences prescribe punishment of less than seven (7) years and therefor.e, a norice under Section 35(3) of BNSS has to be issued. 3. Learned Assistant Government pleader for Home has received written instructions and it is subrnitted that there were three (3) crimes registered against the r't petitioner and others and the investigation thereon is going on. 4. Learned counsel for the petitioners submitted that in respect of those three crimes also, though the offences involved prescribe punishment of less than seven (7) years, instead of giving notices under Section 35(3) of BNSS, the l't petitioner has been arrested and remanded to judicial custody and therefore, he had to obtain bail from petitionthis Court in Criminal No.553 I of 2026 vide order dt.|6.04.2026. FIe submitted that in view of these circumstances, the petitioners apprehend that the respondents may not follow the provisions of law and they may arrest the petitioners herein in the subject crime. G3!n7 W.P. No.18806 of 2026 3

the above submissions into consideration and particularly 5. Taking since the offences under which Crime No.223 of 2026 on the file of Asifabad Police Station has been registered prescribe punishment of less than seven (7) years, the respondents are directed to issue notice under Section 35(3) of BNSS to the petitioners and consider the explanation, if any, submitted by them and take action thereon in accordance with law. 6. The Writ Petition is accordingly disposed of. No order as to costs 7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. SD/.M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY/ ef,rioru oFFtcER To, 1 The Principal Secretary, Home Department, Secretariat Buildings , Hyderabad 2 The Director General of Police, State of Telangana, Hyderabad. 3 The Su perintendent of Pol ice, Asifabad, Kumarabheem-Asifabad District. 4 The Station House Officer, Asifabad Police Station, Kumarabheem-Asifabad District. 5 One CC to SRI NARESH VERMA BAVANDLAPELLI, Advocate [OPUC] o Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] 7 Two CD Copies PMK BSA HIGH COURT CC TODAY DATED: 1710612026 '1 9. s ORDER 1 t{ T A TE WP.No.18806 of 202G tt 2020 o 25 JUil .b D I * oE DISPOSING OF THE WRIT PETITION WITHOUT COSTS f@)il aq\o\as