The High Court · 2025

its Public Prosecutor, High Court for the State of Telangana. No 2-17, Mugpal, Borgaon(P), Nizamabad. ...RESPONDENTS 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 give an appropriate writ order or direction more particularly one in the nature of writ of mandamus to the respondent no.3 by declaring that not giving a notice under section 35 of BNSS Act to the petitioner is unconstitutional and violation of Article 14, and 21 of the constitution of lndia and also violation of Arnesh Kumar Judgment and consequently direct the Respondent no 3 to give a notice under section 35 of BNSS Act to the petitioner by following Arnesh Kumar judg ment. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to f direct the respondent no 3 to not arrest the petitioner by Police Nizamabad Rural pending disposal of the main writ petition. Counsel for the Petitioners: SRI POLAMPELLI RAJU Counsel for the Respondent Nos.1 TO 3: AGP FOR HOME Counsel for the Respondent No.4: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23789 of 2o25 ORDER: Aggrieved bl. the action of respondent No.3 in not giving a notice under Section 35 of Bhariya Nagarik Suraksha Sanhita (for short "BNSS"), 2023 in violation of judgment passed 1n Arnesh Kumar v. State of Bihar & Anotherr, the present Writ Petition is filed. A consequential prayer is made to direct respondent No.3 to issue notice under Section 35 of BNSS, 2023.

2. The brief facts of the case as stated are that the petitioners are the residen ts ol Malkapur Thanda, u,hich falls under the jurisdiction of Mandal cum District of Nizamabad. The petitioners claims to be the absolute owners of the land admcasuring Ac. 1-25 guntas situated in Survey No. 1 15 of Mallaram Village, N{andal cum District of Nizamabad. The petitioner No.1 entered into an agreement of sale of land with respondent No.4. The respondent No.4 has paid an advance amount of Rs. 10,00,000/- and the remaining amount has to be paid within a period three (03) months, as assured by the un- official respondent. Beiieving the words of respondent No.4, the petitioners entered into the agreement, that the transaction com pleted would ''loe\ ' AIR 20 I4 SC 2756 AS agreed there upon. It is further ) submitted that the respondent No.4 u'ithout pa1 ing the total salc consideration zrmount, attempted to cncroach upon the petitioner's land. When the petitioners questioned such encroachment, the respondent No.4 resortecl to using filthy lalguage in the name of caste and personal character. Aggrieved by these acts, the petitioners approach the Nizarnabad Police and lodged a complaint against respondent No..l. Hou,ever, no complainl r.r'as registered against him till date. The respondent No.4 retaliated bv filing a fa-lse complaint against the petitioners As a result, IrlR l'ras been liled agair-rst the pctitioners

3. It is further submitted that the dispute betr,r'een the parties arises out of a civil transaction i.c. an agreemcnt of sale involving land and pa],ment of con sidcration, rvhich cantrot bc given a criminal color

4. It is further submitted that FIR No.74 12025 rvas registered under Sections 329(3), 324, 318(4l.,351(2) read rvith 3(5) of BNS Act against the petitioners at Nizamabad Rural Police Station Thereafter, the petitioners voluntarilv presentcd themselves before the police and prorrided a detailed explanation of the events and requested the police to issue a notice under Section 35 of BNSS. r-&wryz ./ J

5. Learned counsel would submit that the petitioner has made a complaint on 28.07.2025 against respondent No.3, for threatening arrest and compelling compromise with respondent No.4 in violation of Section 35(3) of BNSS, calling to police station arld detaining till night and requested to take action accordingly.

6. Heard the learned counsel for the petitioners and the \ learned Assistant Government Pleadcr for Home appearing for rcspondent Nos. I to 3.

7. Learned Assistant Gor,'ernment Pleader for Home on instructions submits that the petitioner has already made a representation. The respondent No.3 u,ould follovv the procedure and issue notice under Section 35 of BNSS to the petitioners enabling them to pursue the remedies and would aiso submit that the petitioners have to co-operate with the investigation.

8. Learned counsel for the petitioners submits that if a notice is issued under Section 35 of BNSS to the petitioners, the petitioners will co-operate with the investigation.

9. In that view of the matter, recording the submissions of the learned counsel for the petitioners and the learned Assistant Government Pleader for Home, this Writ Petition is disposed of directing the respondent No.3 to issue notice under Section 35 of 4 \. rrwffiE \- ,'r':. '-q4E -- BNSS within a period of tu,o (02) weeks lrom tl.re date of receipt a\ ,ii of a copy oi this order enabiing the petitioners to pursue their remedies.

10. Accordingll,, thc W1t Petition is disposccl ol with consent No order as to costs. As a sequel, miscellaneous applications pending in thrs petition, if any, sha11 stand closed SD/- NAYANI CHANDRA SEKHAR RAO \ DEPUTY REGISTRAR //TRUE COPY// .\ SECTION OFFICER The Principal Secretary, fomg.dgparlTlent, Hyder\bad. State of Tetangana. I he Commissioner of Police, District Nizamab'ad. The Public.Prosecutor, Station House Officer, p.S Nizamabad Rural, Diskict Nizamabad, Higtr gourt for the State of Telangana. One CC to SRI POLAMPELLT RAJU, Advocate tOpUCt Two CCs to GP FOR HOME, High Cou( for the'State df Telangana, at Hyderabad. [OUT] Two CD Copies I i l To 1 2 J 4 5 6 PSK. PSK M, HIGH COURT DATED:1 210812025 CC TODAY ORDER WP.No.23789 of 2025 { s E. STA rJ (-) 1 ? [\]E ?t25 * 7 (;) )\ .i i I I I I I I ! i I I I I I I I i I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( 1t, 1