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Judgment
This Writ Petition is filed alleging interference by the respondent police in the civil dispute between the petitioner and unofficial respondent No.6 by calling the petitioner to the police station in connection with F.I.R.No.1312 of 2026 without issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS').
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home, appearing for respondents No.1 to 5 and Sri Katika Ravinder Reddy, learned counsel appearing for respondent No.6.
Learned counsel for the petitioner submitted that the petitioner is ready and willing to cooperate with the investigation in F.I.R.No.1312 of 2026, and therefore, he requested to direct the respondent police to follow the procedure prescribed under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar1.
Learned Assistant Government Pleader for Home sought time to get instructions in the matter.
Learned counsel appearing for unofficial respondent No.6 submitted that the petitioner is a holder of a Golden Visa of Dubai and he is entitled to reside in Dubai for a long duration. He, therefore, submitted that his presence has to be secured in order to complete the investigation.
Having regard to the above submissions, this Court directs the respondent police to issue notice to the petitioner under Section 35(3) of the BNSS and to strictly follow the guidelines laid down
(2014) 8 SCC 273 by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar (cited supra). The petitioner shall cooperate with the investigation and execute the bond as may be required by respondent No.4 to secure his presence before the Investigating Officer, as and when required, in accordance with law.
With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.