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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue a Writ, Order or Director, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.3 and 4 in proceeding or threatening to arrest the petitioner in Fir No.279/2026 dated 07.09.2026 of Narayanpet Police Station, registered for the offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, without following the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as illegal and arbitrary, and consequently direct the Respondents to follow the procedure prescribed under Section 35(3) BNSS and not to take any coercive steps against the petitioner except in accordance with law, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice".
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 4.
Learned counsel for the petitioner submitted that the offences alleged against the petitioner are punishable with less than seven (07) years of imprisonment and therefore, the respondent-police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”) to the petitioner and follow the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1.
Learned Assistant Government Pleader for Home submitted that since the offences alleged against the petitioner are punishable with less than seven (07) years of imprisonment, the respondent police will follow due process of law and issue notice under Section 35(3) of BNSS as well as the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar (cited supra).
In view thereof, this Court deems it fit and proper to dispose of this Writ Petition at the admission stage, with a direction to respondent authorities to issue notice to the petitioner under Section 35(3) of BNSS and to strictly follow the guidelines laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar (cited supra) before taking any action against the petitioner. Further, if there is any alteration which prescribes punishment of more than seven years, the respondent authorities are at liberty to take action in accordance with law.
With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed
Footnotes
- 1.(2014) 8 SCC 273