Police Cannot Visit Residences Of Non-Accused At Night For Probe: Telangana HC
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Shielding citizens from uncalled-for police intrusion, the High Court for the State of Telangana has prohibited investigating authorities from visiting the residences of individuals not involved in a crime during late hours, reinforcing the necessity of due process.
A single-judge bench comprising Justice T. Madhavi Devi addressed a writ petition challenging alleged police harassment involving night visits and repeated summons issued to non-accused individuals.
Key Takeaways
Night Inspections Restricted: Police cannot visit residences of non-accused persons during nighttime for investigation purposes.
Mandatory Due Process: Investigating officers must strictly adhere to statutory mechanisms while issuing notices or conducting residential visits.
Protection to Non-Accused: Individuals unconnected with the subject crime are protected against arbitrary harassment and unannounced residential visits.
Court Directions and Observations
The Court issued explicit directives restricting the conduct of police officers during active investigations.
The Court has following directions:
"The respondent police shall not visit the residence of the petitioners, who are not concerned with the subject crime, without following due process of law and if the respondent police are required to visit the residence of the petitioners for the purpose of investigation, they shall visit during daytime."
Ratio
Investigating agencies are duty-bound to follow the process established by law when conducting investigation visits and must restrict residential inquiries concerning non-accused individuals strictly to daytime hours to prevent procedural harassment.
Background
The petitioners approached the High Court alleging harassment by police authorities who repeatedly summoned them to the police station and visited their home at 9:45 P.M. The State submitted that an F.I.R. was registered under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 alongside Sections 4 and 6 of the Dowry Prohibition Act against the husband of Respondent No. 9 and others.
The State further submitted that notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 were served on certain accused, and officers visited the premises to serve notices on other non-available accused. However, the petitioners' counsel contended that because notices had already been received by the primary accused, late-night residential visits to non-accused petitioners lacked justification.
Disposing of the petition without costs, the High Court directed the police to complete the probe strictly in accordance with law and restricted residential visits involving the petitioners to daytime hours.
Case Details:
Case No.: WRIT PETITION No. 27873 of 2026
Case Title: Smt. Tabbasum Sultana and 5 others v. The State of Telangana and 11 others
Appearances:
For the Petitioner(s): Sri Mohd. Omerullah Shareef, learned counsel representing learned counsel for the petitioners
For the Respondent(s): Learned Assistant Government Pleader for Home
Source: 2026 CaseBase(TEL) 16294
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