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 issue a Writ, Order or Direction, more particularly in the nature of Writ of Certiorarified Mandamus. (i) Call for the records relating to FIR No. 88 of 2025, dated.09.04.2025 registered under Section 318(4) BNS, on the file of Duggondi Police Station, Warangal and quash the same, declarirrg that the registration of FIR No. 88 oI 2025 and the subsequent issuance of notice under Section 35(3) BNSS, dated .22.1O .2025 are arbitrary, illegal, capricious, contrary to the principles of natural justice, and in violation of Articles 14, 21, and 300-4 of the Constitution of lndia t i T t I (ii) direct the respondent no.2 to issue comprehensiv€ luidelines through a circular or standing order to follow uniform procedu : for sendrng notice and giving acknowledgment u/s 35(3) BNSS. lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the cir: rmstances stated in the affidavit frred in support of the petition, the High court ma,r re preased to direct the respondent no 4 to issue a corrected notice under sectic r 35(3) BNSS to the petitioner in accordance with raw, stricfly in the prescribed forrr rt, as contemprated by the gurdelines of the Hon'bre supreme court in Arnesh Kur ar v state of Bihar, by the Delhi High court in w p.(c) No. 7608 ot 2017, and ar; Jirected in wp No. 12340 of 2024 by this Honbre court, and to acknowreij ,e the petitioner,s appearance defense reply and any documents produced, rr,d not to take any coercive steps against the petitioner pending disposar of the arr rve writ petition. Counsel for the petitioner: SRI MAHESH MAMINDLA counser for the Respondent Nos.1 To 4: sRr scroien BHU\ ANAGTRT, Counsel for the Respondent No.S: _- AGP FOR HOMI: The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA WRIT PETITION No.34176 of 2025 ORDER: This Writ Petition is filed under Arlicle 226 of Constitution of lndia by the petitioner seeking to quash the proceedings against him in Crime No.BB of 2025, daled 09.04.2025 on the file of Duggondi Police Station, Warangal, registered for the alleged offences punishable under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS').

2. Heard Sri Mahesh Mamindla, Iearned counsel for the petitioner and Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader appearing for Home.

3. Learned counsel for the petitioner submitted that the petitioner is not arrayed as an accused in the complaint or in the F.l.R., but he has been harassed by the Police by being called repeatedly, and a notice under Section 35(3) of the BNSS has been issued to him, which is not in the proper format. He further submitted that the recitals in the notice themselves indicate that the notice is being issued after completion of the investigation. He also submitted that the petitioner is not concerned with the 2 ETD, J wP 34176 2025 alleged offences mentioned in the complaint or th: F.l.R. Hence, he prayed that the Coud may quash the proce€,( ings in F.l.R No.BB of 2025, dated 09.04 2025, against the petitic ner

4. On the other hand, the learned Assistarr Government Pleader appearing for Home submitted inr;l -uctions and represented before this Court that the earlier noticr issued under Section 35(3) of the BNSS was not rn the proper f:'mat, and that a subsequent notice has been issued by regis r red post. He further submitted that the petitioner herein rr isrepresented himself to be Peddi Karunakar, and that the notice was accordingly served on him. He also submitted thal the recitals of the complaint disclose specific allegations 3lainst Peddi Karunakar. Hence, he prayed to pass appropriate or Jers.

5. Perused the record

6. The contents of the complaint disclose alle,J ttions against one Peddi Karunakar. The prosecution alleges therl the petitioner herein rnisrepresented himself to be Peddi Karunali' u. Admiftedly, the notice under Section 35(3) of the BNSS issuerl earlier by the Police is not in the proper format and does not : tnform to the i 3 ETD, J wP 341'16 2025 standards prescribed. The said notices therefore do not furfifl the purpose for which the provision was incorporated into the statute. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the I lnvestigating Officer on or before 09.12.2025 between 1 1:00 a.m. and 05:00 p.m. The lnvestigating Officer is directed to follow the procedure laid down under Section 35(3) of the BNSS (previously Section 41-A of the Criminal procedure Code, 1973) and also the guidelines formulated by the Hon,ble Supreme Court of lndia in Arnesh Kumoir o. Stdte oJ Bihart scrupulously. The petitioner shall submit his defence and cooperate with the lnvestigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of the investigation, and the lnvestigating Officer shall consider the same and complete the investigation stricfly in accordance with law. 7 With the above directions, this Writ petition is disposed of I (2014) 8 scc 273 i I i I I l i ) To 4 ETD, J wP 34116 2025 B As a sequel, the miscellaneous petitions p rnding, if any, shall stand closed SD/.I 4. JAWAHAR REDDY ASf ISTANT REGISTRAR i //TRUE COPY// S c ION OFFICER Telangana 1 . The Princi pal Secreta ry, Home Department Dr B R Amtr, , at Secretariat Buildin gs, Telangana State Secret ariat Hyderabad, Telrrr gana, State of The Director General of Police. Telan gana State, Lakd itli pul, Hyderabad The Commissioner of Police, Warangal Police Commis s;t rnerate Han umakonda Tela ns ana State-50 6001 The Station H ouse Offi Duggondi, Watan One CC to SRt lVrAHESH MAMIN DLA, Advocate OPUC ] Two CCs to Gp FOR HOfi/E High Court for the State of ' Hyderabad louTl wo CD Cop IES cer/Sublns pector of Police, Duggc rdi police Station, elangana, at gal District 2 3 4

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7. r PSK, BS ?^nq. \ \ HIGH COURT DATED:1 811112025 ORDER WP.No.34176 of 2025 HE1 ) 1 5 :4AB 2fr26 I * DISPOSING OF THE WRIT PETITION WITHOUT COSTS uL )-s\>U-6 /t I