AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition is filed alleging that the respondent police are not following the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1 and are calling the petitioner to the Police Station to settle the matrimonial dispute by compelling him to pay huge amounts to the unofficial respondents.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 4.
Learned Assistant Government Pleader for Home has produced a copy of the notice dated 27.07.2026 issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), and submitted that the guidelines laid down by the Hon’ble Supreme Court are being duly followed by the respondent police.
Learned counsel for the petitioner, however, submitted that a copy of the notice issued under Section 35(3) of the BNSS was not furnished to the petitioner and that he had taken photographs of the said notice and submitted his explanation thereto. It is further submitted that, in spite of the same, the respondent police are repeatedly calling the petitioner to the Police Station, making him sit there and pressurizing him to settle the matter. It is also alleged that the signatures of the petitioner were obtained on certain papers. In this regard, the petitioner has filed I.A.No.1 of 2026 seeking preservation of the CCTV footage of Suryapet I Town Police Station, Suryapet District, for the period of 27.07.2026.
This Court queried the learned counsel for the petitioner as to whether any representation had been submitted to the higher police authorities with regard to the alleged acts of coercion by the respondent police.
Learned counsel for the petitioner submitted that no such representation has been submitted so far and that the petitioner would submit a representation in this regard.
In view of the above and since the petitioner has already responded to the notice issued under Section 35(3) of the BNSS, the respondent police are directed not to call the petitioner to the Police Station without sufficient and justifiable cause and not to pressurize or coerce him to settle the matrimonial dispute. If the petitioner submits a representation to the higher police authorities with regard to the allegations made by him, the said authorities shall consider the same and take appropriate action in accordance with law.
With the above observations and directions, the 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
