AI Structured Summary
Not yet generated for this judgment
Judgment
Alleging highhandedness on the part of the respondents in threatening to arrest the petitioners 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 petitioners in connection with FIR No.668 of 2026 of I Town Police Station, Adilabad District registered against them, this Writ Petition has been filed.
It is submitted that the subject FIR has been registered for the offences punishable under Sections 281, 296(b), 115(2) read with Section 3(5) of BNS 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 petitioners, instead of arresting them, 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, Sri D. Pradeep, is also heard.
This Court finds that as the matter stands today, the provisions/sections of BNS 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 petitioners and take action in accordance with law if the petitioners submit their explanation thereto. The respondents are further directed not to interfere with the personal liberty of the petitioners and also not to summon the petitioners to the police station without 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.