‘Why special privilege?’ Telangana HC pulls up Narsingi police over delay in arrests

The Telangana High Court questioned Narsingi police over failing to arrest two accused in an attempt to murder case even after filing a chargesheet, asking why they were being given special treatment

By Legal Correspondent

Hyderabad: Justice T Madhavi Devi of the Telangana High Court on Monday questioned the Narsingi police over their failure to arrest the accused in an attempt to murder case despite filing a chargesheet concluding that an offence under Section 109 of the Bharatiya Nyaya Sanhita (BNS) was made out, and asked, “How are these accused special? Why are they being given special privilege?”

---

The observations came during the hearing of a writ petition alleging an unfair investigation in a case registered by Narsingi Police Station, Cyberabad, against two private individuals for offences punishable under Section 109 read with Section 3(5) of the BNS.

Counsel for the petitioner submitted that though Section 109 of the BNS is a cognizable offence and the police themselves had concluded in the chargesheet that the offence was made out, no steps had been taken to arrest the accused or remand them to judicial custody.

Taking exception to the police action, Justice Madhavi Devi orally observed that in simple cases, individuals are frequently summoned to police stations, but in the present case, despite a serious offence of attempt to murder being alleged and a chargesheet having been filed, no action had been taken against the accused. Questioning the apparent inaction, the Court asked the State as to what special category the accused belonged to and why they had been extended such treatment.

Directing the Government Pleader for Home to file a detailed counter explaining the circumstances under which the accused had not been arrested despite the chargesheet, the Court adjourned the matter by two weeks.