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Judgment
Alleging highhandedness on the part of respondent No.3 in threatening to arrest the petitioner at the behest of an Ex-local MLA without following the procedure established by law and also seeking a direction to respondent No.3 to issue a notice under Section 35(3) of BNSS to the petitioner in connection with FIR No.736 of 2026 of Neredmet Police Station, Malkajgiri District registered against him, this Writ Petition has been filed.
It is submitted that the subject FIR has been registered for the offences punishable under Sections 329(4), 79 and 351(2) of BNS which prescribe punishment of less than 7 years and the respondent police may be directed to issue a notice under Section 35(3) of BNSS to the petitioner, instead of arresting him, as per the guidelines of the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others (AIR 2014 SC 2756).
Learned Assistant Government Pleader for Home is also heard.
This Court finds that as the matter stands today, the provisions/sections of BNS which have been included in the FIR require only a notice under Section 35(3) of BNSS. Therefore, the respondents are directed to issue a notice under Section 35(3) of BNSS to the petitioner and take action in accordance with law if the petitioner submits his explanation thereto. The respondents are further directed not to interfere with the personal liberty of the petitioner and also not to summon the petitioner to the police station without any justifiable cause.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.