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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of mandamus, declaring the action of the 2nd respondent in trying to arrest the Petitioners/A2 & A4 highhandedly in connection with Cr.No.252/2026 on the file of 2nd respondent Police Station without following the procedure contemplated under Sec.35(3) of BNSS and in contrary to the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar V/s. State of Bihar as illegal, arbitrary, unconstitutional and violation of Article 14 and 21 of Constitution of India and consequently direct the 2nd respondent to follow the procedure contemplated U/Sec.35(3) of BNSS in relation to the Cr.No.252/2026 dated 27.07.2026 as against the Petitioners/A2 & A4, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case".
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents No.1 and 2.
Learned counsel for the petitioners submitted that the offences alleged against the petitioners are punishable with less than seven (07) years of imprisonment and therefore, the respondent-police may be directed to issue notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, “BNSS”) to the petitioners and follow the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1.
Learned Assistant Government Pleader for Home submitted that since the offences alleged against the petitioners are punishable with less than seven (07) years of imprisonment, the respondent police will follow due process of law and issue notice under Section 35(3) of BNSS as well as the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar (cited supra).
In view thereof, this Court deems it fit and proper to dispose of this Writ Petition at the admission stage, with a direction to respondent authorities to issue notice to the petitioners under Section 35(3) of BNSS and to strictly follow the guidelines laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (cited supra) before taking any action against the petitioners.
With the above 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