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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.6 in non-following the provisions. of the Section 35 (3) of B.N.S.S. Act and non-initiating to implement the directions of the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar and trying to arrest the Petitioner in Crime No.121 of 2026 on the file of Police Station Athmakur (M), Yadadri-Bhuvanagiri District for the offences U/Sce. 305(a), R/w 3(5) BNS, dated. 14-07-2026, and trying to arrest the Petitioners without following the law declared by the Honble Supreme Court regarding arrest in Arnesh Kumar Vs State of Bihar is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.6 to follow the provisions of Section 35 (3) of B.N.S.S. Act and follow the directions of the Honble Apex Court in Arnesh Kumar V/s. State of Bihar in Crime No.121 of 2026 on the file of Police Station Athmakur (M), Yadadri-Bhuvanagiri District for the offences U/Sec. 305(a), R/w 3(5) E3NS, dated. 14-07-2026 and pass..."
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 6.
Learned counsel for the petitioners submitted that Crime No.121 of 2026 has been registered against the petitioners on the file of Athmakur (M) Police Station, Yadadri Bhuvanagiri District, for the offences punishable under Section 305(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is further submitted that the offences alleged against the petitioners are punishable with imprisonment upto seven (07) years and therefore, the respondent- police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”) and follow the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1.
Having regard to the fact that the offence under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023 is 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 petitioners. The respondent police shall also scrupulously follow the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar (cited supra), and thereafter proceed strictly in accordance with law. The petitioners shall cooperate with the investigation in accordance with law. The respondent police shall not summon the petitioners 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 applications, if any, pending shall stand closed.
Footnotes
- 1.(2014) 8 SCC 273