AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition is filed seeking the following relief:
"...to issue to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 5th respondent in not issuing notice under section 35(3) of BNSS pertaining to FIR No.260/2025, dated 29.09.2025 for offence under Sections 77, 78, 351(2) of BNS which are punishable less than 7 years as illegal, arbitrary and unconstitutional and consequently direct the 5th respondent to issue notice to the petitioner under section 35(3) of BNSS pertaining to FIR No.260/2025, dated 29.09.2025 and to pass..."
The learned Assistant Government Pleader for Home, on oral instructions, submitted that the FIR has been registered against the petitioner vide Crime No.260 of 2026, under Sections 77, 78, 351(2) of BNS on 29.09.2025 and the investigation is under progress.
The learned counsel for the petitioner submitted that the offences registered against the petitioner prescribes less than seven years punishment and therefore, the respondent police have to follow the guidelines issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in 2014 SC 2756.
Having regard to the fact that the offences under Sections 77, 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, are punishable with imprisonment which may extend to seven (07) years, the respondent police are directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking any coercive steps against the petitioner. The respondent police shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (cited supra), and thereafter proceed strictly in accordance with law. The petitioner shall cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioner to the police station except for justifiable cause.
With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.