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Judgment
Seeking direction to the respondent police to follow the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar v. State of Bihar1 and to issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the present writ petition is filed.
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home, appearing for respondents 1 to 4.
The learned counsel for the petitioner submitted that the offences alleged against the petitioner under the Bharatiya Nyaya Sanhita, 2023 (BNS), prescribe a punishment of less than seven years and that the provisions of Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (POA) Act), are also not applicable to the petitioners.
The learned Assistant Government Pleader for Home submitted that, after investigation, the sections may be altered.
In view of the same, the respondent police are directed to issue a notice under Section 35(3) of the BNSS, and strictly follow the guidelines laid down by the Hon'ble Apex Court in the case of Arnesh Kumar (cited supra). The respondent police are also at liberty to take appropriate action, in accordance with law, if the sections are altered subsequently during the course of investigation.
Accordingly, 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