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Judgment
This Writ Petition is filed alleging interference by the respondent police with the life and liberty of the petitioners, without taking into consideration the orders passed by this Court in Crl.P.No.6413 of 2026 and Crl.P.No.9699 of 2026, wherein a direction was issued to strictly follow the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 5.
Learned counsel for the petitioners submitted that the petitioners apprehend the use of third-degree methods for eliciting certain information from them and that the respondent police are not following the orders passed by this Court in the aforesaid cases.
Learned Assistant Government Pleader for Home has furnished a copy of the written instructions received by him and submitted that, pursuant to the orders of this Court, notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), have already been issued to the petitioners and that there is no interference with their personal life or liberty, as alleged. It is further submitted that the petitioners are not cooperating with the investigating agency and have filed the present Writ Petition on false and baseless allegations.
Having regard to the rival contentions and the fact that the petitioners are accused in F.I.R.No.186 of 2026, and that this Court has already directed issuance of notices under Section 35(3) of the BNSS, pursuant to which such notices have been issued and the petitioners claim to have submitted their explanations thereto, this Court directs the respondent-police to follow the procedure prescribed under law and shall not interfere with the life and liberty of the petitioners without any 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
