Telangana High Court
Banoth Gangaram vs The State Of Telangana on 12 August, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.23789 of 2025
ORDER:
Aggrieved by 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 in
Arnesh Kumar v. State of Bihar & Another 1, 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 residents of Malkapur Thanda, which falls under the
jurisdiction of Mandal cum District of Nizamabad. The
petitioners claims to be the absolute owners of the land
admeasuring Ac.1-25 guntas situated in Survey No.115 of
Mallaram Village, Mandal 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. Believing the words of respondent No.4, the
petitioners entered into the agreement, that the transaction
would be completed as agreed there upon. It is further
AIR 2014 SC 2756
submitted that the respondent No.4 without paying the total sale
consideration amount, attempted to encroach upon the
petitioner's land. When the petitioners questioned such
encroachment, the respondent No.4 resorted to using filthy
language in the name of caste and personal character. Aggrieved
by these acts, the petitioners approach the Nizamabad Police
and lodged a complaint against respondent No.4. However, no
complaint was registered against him till date. The respondent
No.4 retaliated by filing a false complaint against the petitioners.
As a result, FIR has been filed against the petitioners.
3. It is further submitted that the dispute between the parties
arises out of a civil transaction i.e. an agreement of sale involving
land and payment of consideration, which cannot be given a
criminal color.
4. It is further submitted that FIR No.74/2025 was registered
under Sections 329(3), 324, 318(4), 351(2) read with 3(5) of BNS
Act against the petitioners at Nizamabad Rural Police Station.
Thereafter, the petitioners voluntarily presented themselves
before the police and provided a detailed explanation of the
events and requested the police to issue a notice under Section
35 of BNSS.
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 and detaining till night and
requested to take action accordingly.
6. Heard the learned counsel for the petitioners and the
learned Assistant Government Pleader for Home appearing for
respondent Nos.1 to 3.
7. Learned Assistant Government Pleader for Home on
instructions submits that the petitioner has already made a
representation. The respondent No.3 would follow the procedure
and issue notice under Section 35 of BNSS to the petitioners
enabling them to pursue the remedies and would also 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
BNSS within a period of two (02) weeks from the date of receipt
of a copy of this order enabling the petitioners to pursue their
remedies.
10. Accordingly, the Writ Petition is disposed of with consent.
No order as to costs.
As a sequel, miscellaneous applications pending in this
petition, if any, shall stand closed.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 12.08.2025
Note:
Issue CC by today
b/o
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