Shaik Fathimunissa Begum v. The state of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Wdt of Mandamus, considering in action, on the Part of respondent No.4 in Non taking step in revoking the Notice Under section 35(1(a)) and section 35(6) of BNSS Act of 2023, in F.l.R No. 322 ot 2025 and 542 of 2025, as of lllegal, Unguided and in Violation of section 35(1(a) and 35(6), consequentially direct the / / respondent NO.4 to the writ Petition, to arrest the Persons, shown in the F.l.R No. 322 and 542 of 2O25. lA NO: 1 OF 2025 Petition under Section I 51 CPC praying that in the cirr:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent No.4, to Place the action taken report in in F.l.R No. 322 of 2025 and 542 of 2025, regrstered with the respondent No.4 to the writ Petition and also steps taken by respondent No.4 to the writ Petition. Counsel for the Petitioner: SRI M. RATHAN SINGH Counsel for the Respondent Nos.1,3 and 4: SRI B. SRIDHAFI, AGP FOR HOME Counsel for the llespondent No.2: GP FOR REVENUE Counsel for the Respondent Nos.5 to 6:-- The Court made the following: ORDER , // THE HONOURABLE SRI JUSTTCE K. LAKSHIVIAN WRIT PETITION No. 22650 of 2025 ORDER: Heard leamed counsel for petitioner, and Sri B.Sridhar, leamed Assistant Govemment Pleader for Home appearing for respondent Nos. 1, 3 and 4.

2. This Writ Petition is filed to declare the action of respondent No.4 in not taking steps to revoke the notice under Section 35(l)(a) and 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime Nos.322 of 2025 and 542 of 2025, as illegal.

3. W'hereas the leamed Assistant Govemment Pleader for Home, on instructions, would submit that the Investigating Officer in Crime No.322 of 2025, pending on the file of Keesara Police Station, has already completed the investigation, filed a charge sheet against Respondent Nos. 5 and 6, and the same has been taken on file as C.C. No.869 of 2025. The case is pending before the Court of the III Additional Metropolitan Magistrate, Medchal- Malkajgiri District. In Crime No. 542 of 2025, pending on the file of Keesara Police Station, there are twenty accused. The Investigating Officer has already served notices under Section 2 35(3) of the BNSS, and the investigation is almost complete and he is going to file a charge sheet against the accused.

4. As discussed supra, the petitioner is seeking a direction to respondent No.4 to revoke the notices under Section 35(l)(a) and 35(6) of tlNSS, in the aforesaid crimes.

5. In light of the above discussion, it is relevant to note that Chapter \/ olthe BNSS, deals with the 'Arrest of Persons'. Section 35 of the BNSS pertains to arrest by the policq without a warrant. Under Section 35(l ), a police officer may arrest a person without a warrant liom a Magistrate if the person: (a) commits a cognizable offence in the presence of the police officer. Further. Section 35(6) provides that where the said person, at any time, lirils to comply with the temrs of the notice or is unwilling to identily himself, the police officer may, subject to such orders as may have been passed by a competent court in its behalf, arrest him fur the offence mentioned in the notice. Therefore, the petitioner oannot seek a direction to Respondent No. 4 to revoke the notices issued under Section 3 5( I Xa) and 35(6) of the BNSS in the aforesaid crimes. At the cost of repetition, it is relevant to note that in Crime No. 322 of 2025, the Investigating Officer has already completed the investigation and filed a charge sheet against Respondent Nos. 5 I // / / 3 and 6, which has been hken on f,rle as C.C. No. 869 of 2025. Even in Crime No. 542 of 2025, the Investigating Officer has nearly completed the investigation and has served notices on twenty (20) accused persons. He is in.the process of filing the charge sheet against the accused therein. If the petitioner is aggrieved by any such action, or by the non-conducting ofa fair investigation, or by the repetition ofthe alleged offence by Respondent Nos. 5 and 6, the petitioner has to take steps by filing appropriate applications before the trial court in accordance with law. She cannot file the present writ petition seeking a direction to Respondent No. 4 to revoke the notices issued under Section 35(l)(a) and 35(6) of the BNSS. lt is also relevant to note that the petitioner and respondent Nos.5 and 6 are relatives. There are matrimonial disputes between the petitioner and her mother-in-1aw. Therefore, the petitioner is not entitled to any relief, much less the relief sought in the present wrlt petrtlon.

6. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to take appropriate steps in accordance with the procedure laid down under the BNSS. There shall be no order as to costs. 4 Miscellaneous applications, if any pending, shall stand closed. \ //TRUE COPY// SDL A.F S. AS$I SHANKAR REG ION OFFICER V

1. One CC to Sri M. Rathan Singh, Advocate [OPUC] 2. Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]

3. Two CC to The GP for Revenue, High Court for the State of Telangana, at Hyderabad[OUT] 4. Two CD Copies To, TJ LS HIGH COURT DATED:01 10812025 ORDER WP.No.22650 of 2025 .\ .\ " rt!l I ..) J 2 7 0rii 2025 .!r" * EsF,r -:p' -,i DISMISSING THE WRIT PETITION WITHOUT COSTS { /.r- ,/4