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Judgment
Alleging highhandedness on the part of respondents 4 and 5 in attempting to arrest and interfere with the life and liberty of the petitioner in connection with FIR No.107 of 2026 of Markook Police Station, Siddipet District, without following the procedure established by law and also seeking a direction to the respondents to issue a notice under Section 35(3) of BNSS to the petitioner in connection with the subject FIR registered against her, this Writ Petition has been filed.
It is submitted that the subject FIR has been registered for the offences punishable under Sections 196(1), 196(1)(a), 196(1)(b), 352 of BNS and Section 3(1)(r) and Section 3(u) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 and Section 7(1)(b)(c) and Section 7(1)(d) of Protection Civil Rights Act which prescribe punishment of less than 7 years and the respondent police may be directed to issue a notice under Section 35(3) of BNSS to the petitioner, instead of arresting her, as per the guidelines of the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar and others (AIR 2014 SC 2756).
Learned Assistant Government Pleader for Home is also heard.
This Court finds that as the matter stands today, the provisions/sections of BNS, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 and the Protection Civil Rights Act which have been included in the FIR require only a notice under Section 35(3) of BNSS. Therefore, the respondents are directed to issue a notice under Section 35(3) of BNSS to the petitioner and take action in accordance with law if the petitioner submits her explanation thereto. The respondents are further directed not to interfere with the personal liberty of the petitioner and also not to summon the petitioner to the police station without any justifiable cause. The petitioner is also directed to cooperate with investigation and shall not try to influence the witnesses and if the said provision, i.e., Section 35(3) of BNSS is not applicable for any reason, the respondent police are directed to follow the due process of law.
With the above directions, the Writ Petition is disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.