The High Court · 2025

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 a. lssue a Writ of Mandamus or any othe=ppropli"t" writ, order, or direction, directing the Respondents to striqtly comply with the guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Section 35 BNSS' and not to arrest the Petitioner in connection with FIR No. 654/2025 without recording reasons in writing and providing an opportunity to appear via notice under section 35(4) BNSS. b Direct the Rgspondents to issue a notice under section 35(4) BNSS if inquiry is required, and refrain from any coercive action, including arrest or harassment, pending such compliance. c. Grant interim protection by staying any arrest or coercive fieasures against the Petitioner in the aforesaid FIR until disposal of this petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ,:ircumstances stated in the affidavit filed in support of the petition, the High Court r.ray be pleased to grant ad- interim ex- parte stay on any arrest or coercive action itgainst the petitioner in FIR No 65412025 and direct the Respondents not to ha-ass or summon the Petitioner without issuing a formal notice under Section 35(4) BNSS. Counsel for the Petitioner: SRI MD.FASIUDDIN Counsel for the Respondents: SRI M.SRINIVAS, AGp FOR HOME The Court made the following: ORDER I THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No26360 of 2025 ORDER Heard learned counsel for the petitioner and Sri.M.Srinivas, Iearned Assistant Government pleader for Home appearing for respondent Nos.1 to 4_ With their consent, this w,rit petition is being taken up for disposal at the admission stagc itsclf. 2 This writ petition has been filed seeking the following prayer:_ ".Lo direct the Rt,spontlettls to strtctl! cor4ply toith thc guidelines lnid doton in Arnesh Kunmr tt. StnLc of Bihur (2014) g SCC 273 antJ Section 35 BNSS, and not to urest thc petitiotier in ,r""*'ri", tLtith FIR No.o51/2025 torthottl rt,tord i r;*uitlingan opportu,lityton\tpeoroia,,o,t,',1!,',',frXor"irlfr r:,'r'';:;i|;ff b Direct the Respondetis to isstrc a noticc under Se::ction 35(4) BNSS,/ inquiry is reqrircd nnd rtfintrr nry ,orrr'iru'"or liin rnctuding ,[ron, arn,sl or Irorassnrnl penfung sucti contl,linicr. c cmn.t.t:te:m prott,.trcn hy stnying rtntl arrest or coercizte measures ngatn sl the Petitionc r...',

3. I Brief facts in this rvrit petiti()n as statdd arc that the petitioncr is a driver and the case of thc rrctitio.e'is that trre lespondent authoritfus without providing specific rcas.. and u'ithout issuing formal notice are calling the petitioner to thc Banjara Hills policc station. It is further stated that upon enquiry by the petitioncr, respondent author.ities shared a copy of FIR No.654 of 2025 dated 05.08.2025, regisrerecJ undcr Section 125(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (herein alrcr refcrred as ,BNSS,), petitioner's name was n.t therc in trrc said IirR. flurther case of the petitioner is tllat respondent authoritics n,ithout however, following clue procedure PSK -l 2 \ --*1 contemplated uncler law are harassing the petitioner lrv calling him to the police station. Aggrieved bv the same, this writ petitio r is filccl. -

4. Learned Assistant Government pleacler fbr I tomt, appcaring for respondent Nos r to 4 praced on reco.cr instructions i;srrccr [rr, sub-[.spector of Police, Banjara Hills police Station, lJycieratracl, y,ht:rc rn it is statc6 that on 05.08.2025, one Mr.Mohcl Saleern, made a complaint statinll that a woman name Anees Fatima, aged 70 years, residing near his h ruse for marly years and rwo days ago she calred him and informed that srre rrad ,.ret witrr an accident on 73.07.2025, which resulterl in a fracturc tc hcr lcg a.c.l she is undcrgoing treatment at Apollo Hospital. .l.he cornl,lain,rnt visrtcd tlrc hospital, where she informecl that on 13.07.2025 at arourrtl 06.3() pM, when shc was going to but some vegetables, torv.rrds htclo Arab M rsjirl, Zahe|a Nagar, Road No.10, Banjara Hills, a two wtrccler bcaring lr,ft,.TS0c,ES2015, a car bearing No'TS09FI{5ggO came from behina anci hit hcr. As a resurt she fe, down and was immediately shifted Apollo hosp it:rl ,b_r some nearbl, persons. She further stated that the person who causecr acci.J.,,rt assured her that he would bear all the medical expenses, but now he i. rcfu.ing to pay the same. As she used to live alone, complainant ntade cortplaint on hc. 1r.hrr,. Upon the said complaint, FIR No.654 of 2025 under St,ction 125(3) of BNSS dated 05.08.2025 was registered. Durinl;, the course of irrvestirlation, it was reveled that the four wheeler which cause accicrent berc.lls to trre petitioner, hence notice under Section 35(3) of BNSS datecl 0^1.0g.2O25 ir.as issuccl and the same was sent to thc petitioner through ItpAD. In trre notice datt,ci 01.0g.2025, \ |e}i,-'..- ( the petiti.ner was directed to appcar bcfope the investigation officer within 3 days from the date of receipt of notice.

5. At this stage, learned counsel for thre petitioncr submits that he has no instructions whether the notice datcd 01.09.2025 is received by the petitioner or not and pray this Court to c{irect thc respondent authorities to follow due procedure as contemplated unclcr law before initiating any action on pctitioner.

6. Recording the submissions made h,r, learncd counsel appearing on either side, without expressing any opinion on thc merits of the case and since notice under section 35(3) of BNSS clatccl 01;09.2025 is issued to thc petitioner, this Court deems it appropriate to disposc of thc writ petition directing the respondent authorities to follow cluc pr.cedure as contemplated under law before initiating any action on petitioner. It is marle clear that the petitioner shall co-operate with the pencling invcstigatio^ irr FIR No.654 of 2025 dated

05.08.2025.

7. With the above directiorr, this yrrit petition is tlisposed of. t Miscellaneous applications, if any pending, shall stand closed. No order as to SD/- T.TIRUMALA DEVI PUTY REGISTRAR CTION OFFICER , Hyderabad, State of //TRUE COfrYII To Telangana. '1. The Principal Secretary, Home DepartmEnt, Secretari

2. The Commissioner of Police, Hyderabad City Police, Hyderabad. 3. The lnspector of Police, Banjara Hills Pdlice Station, Hyderabad. 4. Sub- lnspector of Police, Banjara Hills Police Station, Hyderabad. 5. One CC to SRI MD FASIUDDIN, Advocdte [OPUC] 6. Two CCs to GP FOR HOME, High Courtfor the State of Telangana, at Hyderabad. [OUT] to 'o''" 7 PSK. PSK 6qlo -T7 I HIGH COURT DATED:0310912025 CC TODAY ORDER WP.No.26360 of 2025 -,,,.i \) .--: ,..t \ -.$ [4s rc 2m U ,.\ ('.,\ t I -) /. \: \\ i.-, -A' 9lsr,,'- '.lt:.; _ '' Y;t DISPOSING OF THE WRIT PETITTON WITHOUT COSTS d,,5^ u$