Mohammad Imran vs The State Of Telangana & Ors.

Challenging the action of respondent No.3 in trying to arrest the petitioner without following the procedure laid down under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and as per the guidelines issued by the Hon’ble Apex Court in case of Arnesh Kumar v. State of Bihar^{11.(2014) 8 SCC 273}, this writ petition has been filed.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for the respondents 1 to 3.

The learned Assistant Government Pleader for Home, on written instructions, submitted that the petitioner is accused No.2 in Crime No.942 of 2026 registered on 22.07.2026, for the offences punishable under Section 8(c) read with Section 21(b) of NDPS Act. It is stated that notice under Section 35(3) of BNSS has been issued to Accused No.3, whereas the petitioner is absconding, and, therefore, the notice under Section 35(3) of the BNSS could not be served on him.

Learned counsel for the petitioner submitted that the petitioner is ready to appear before the respondent police, receive the notice under Section 35(3) of the BNSS, and cooperate with the investigation, and, therefore, he is seeking an appropriate direction to the respondent police in this regard.

In view of the same, this writ petition is disposed of with a direction to the petitioner to appear before respondent No.3 on or before 18.08.2026. Thereafter, respondent No.3 shall issue notice to the petitioner under Section 35(3) of the BNSS and take action in accordance with law. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.