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Judgment
Alleging interference by respondent No.4 into the life and liberty of the petitioners by calling them to police station without there being any case against them, this Writ Petition is filed.
Learned Assistant Government Pleader for Home, however, on written instructions, submitted that respondent No.5 has lodged a complaint against the petitioners with respondent No.4 on 11.08.2026 and pursuant thereto, a case has been registered in Crime No.50 of 2026 on the file of Pembi Police Station, Nirmal District under Sections 296(b), 329(4), 324(4), 351(2) read with Section 3(5) of BNS and Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners, i.e., accused 1 to 21 and the investigation is in progress. The allegations of interference and harassment are thus denied.
Learned counsel for the petitioners submitted that even if the above submissions are taken into consideration, the punishment prescribed for the offences under which the subject crime has been registered is less than seven (7) years and therefore, prayed that the respondent police may be directed to issue a notice under Section 35(3) of BNSS to the petitioners.
Having regard to the rival contentions and the material on record, this Court directs the respondent police to issue a notice under Section 35(3) of BNSS to the petitioners in respect of Crime No.50 of 2026 of Pembi Police Station, Nirmal District and take action strictly in accordance with law and also not to call the petitioners to the police station without there being any justifiable cause.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.