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Judgment
The petitioner, who is the first accused in Exts.P1 and P2 crimes, has filed this writ petition seeking the following reliefs:-
i)Issue a writ of mandamus, or such other writ order or direction as this Hon’ble Court may deem fit, directing Respondents 2 to 4 to strictly comply with Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including the issuance of a notice of appearance under Section 35(3) thereof, before effecting the arrest of the petitioner in Crime No.397/2026 of Palode Police Station or in any other crime founded upon substantially similar allegations relating to Talrop Private Limited or its connected entities;
ii) Issue writ of mandamus, or such other writ, order or direction as this Hon’ble Court may deem fit, directing Respondents 2 and 3 to issue appropriate instructions to all Station House Officers and Investigating Officers subordinate to them to ensure strict compliance with Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and with the law laid down in Arnesh Kumar v. State of Bihar [2014 (8) SCC 273]
iii) Grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice.
As per order dated 24.07.2026, it was directed that the Investigating Officer shall comply with the provisions under Section 35(3) of BNSS, if the petitioner is sought to be arrested in connection with an offence punishable with imprisonment up to seven years.
Today when the matter is taken up for consideration, there is no representation from the part of the petitioner. The learned Public Prosecutor submitted that the interim direction of this Court on 24.07.2026 that provisions of Section 35(3) of BNSS are to be complied with, will be scrupulously followed by the Investigating Agency. In the above circumstances, there need not be any further proceedings in this writ petition.
The writ petition stands closed.