Telangana High Court
Gundadi Prabhakar v. The State of Telangana
WP/20037/2026
- Decision date
- 2026-06-25
- Text availability
- Full text
- Judges
- T. Madhavi Devi
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 321e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESEIiT THE HONOI,,'RAELE SMT JUS ICE T.MADHAVI DEVI WRIT PETITION NO: 20037 OF 2026 Between: Gundadi Prabhakar, S/o Gundadi Venkaiah, H.no 4-6-137132/fu4,Sai Nagar, West,Vasara Vidyalaya School, Allwyn colony, Kukatpally, Hyderabad. ...PETITIONER AND '1 , The State of Telangana, represented by the principal secretary, Home Department Secretariat Hyderabad 500022 2. The Commissioner of Police, Cyberabad Commissionerate, Cyberabad. 3. The Assistant Commissioner of Police, Quthbullapur Division, Cyberabad Commissionerate, Hyderabad. 4. The Station House Officer, Jagadgirigutta Police Station, Cyberabad Com m issio n erate, Hyderabad. ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in entering the compound, residential premises and bedroom of the petitioner on 23.06.2026 at about 05.35 AM and again entering the residential premises of the petitioner on 24.06.2026 at about
08.31 AM in connection with Crime No.846 of 2026 of Jagadgirigutta Police Station, without following the procedure established by law, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of lndia and contrary to the law laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, and consequenfly direct the respondents to conduct the investigation strictly in accordance with law and not to interfere with the liberty, privacy and peaceful enjoyment of the residence of the petitioner except by following due process of law. l.A. NO: l OF 2A26 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 respondents not to enter the residential premises, compound or bedroom of the petitioner and not to take any coercive steps against the petitioner except by strictly following the procedure erstablished by law and by issuing appropriate notice whenever the presence of the petitioner is required for the purpose of investigation in Crime No.846 of 2026 of Jagadgirigutta Police Station, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MOHAMMAD FAYAZ Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD ' THE HONOURABLE SMT. JI.ISTICE T. MADHAVI DEVI \\,RIT PETITION No.2OO37 OF 2026 DATED | 25.06.2026 Between:
Gundadi Prabhakar ... Petitioner AND The State ofTelangana represented by the Principal Secretary. Home Department, Secretariat, Hyderabad 500022 and others ... Respondents ORDE,R Alleging interlerence b1 the respondents into the residential premises of the petitioner on 24.06.1026 including entering into the bedroom of the petitioner in connection Crime No.846 of 2026 of Jagadgirigutta Police Station and in not following the procedure established by law and in not tbllowing the guidelines of the Hon'ble ) W.P. No.20017 of 2026 Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and orhers (,41R ]0ll SC 2756). this Writ Petition has been filed. 2. Learned Assistant Government Pleader for Home submitted that there is no interference by the police as alleged by the petitioner and lurther that the provisions ol law under which the FIR has been registered require only a notice under Section 35(3) of BNSS, and the Investigation Officer intends to alter the sections.
3. IJaving regard to the rir,al contentions, this Court finds that as the matter stands today, the provis ions/sections of BNS which have been includecl in the FIR requile only a notice under Section 35(3) of BNSS. Thereibre, the respondents are directed not to interfere into the civil disputes betu'een the petitioner and the complainant in the FIR and issue notice under Section ,.15{3 ) of'BNSS to the petitioner and take action in accordance with larv il the petitioner submits his explanation thereto. At this juncture, the learned counsel lor the petitioner submitted that the respondents are pressurising the petitioner not to demand the due amount ot'rent lrom the complainant. The respondents are directed not to interfere with the personal liberty ol the petitioner and also not to surrrrron the petitioner to the police station without any justifiable cause. W.P. No.2003 7 of 2026 3 4. The Writ Petition is accordingly disposecl of-. No order as to costs. petition 5. Pending miScellaneous peririons, if any, in this Writ shall stand closed. SD/- A.H.S,GOWRI SHAN KAR ASS TANT REGISTRAR -7 //TRUE COPYi/ S CTION OFFICER To, 'l . The principal secretary, Home Department The State o langana, Secretariat Hyderabad 500022 2. The Commissioner of Police, Cyberabad Commissioneratr:, Cyberabad. 3. The Assistant Commissioner of Police, Qtlthbullapu:' Division, Cyberabad C omm issio n erate, Hyderabad.
4. The Station House Officer, Jagadgirigutta Police Station, Cyberabad Commissionerate, Hyderabad. 5. One CC to SRI MOHAMMAD FAYAZ, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] 7. Two CD Copies 4,BN CC TODAY HIGH COURT DATED: 2510612026 t S re: ( /;t ORDER 2026 2 s JUl'l a .L WP.No.20037 o12026 $,r^\i4 * * ,,AJr,-, DISPOSING OF THE WRIT PETITION WITHOUT COSTS %*