Gangam Mahesh vs The State Of Telangana
2025 Latest Caselaw 1735 Tel

Telangana High Court

Gangam Mahesh vs The State Of Telangana on 4 February, 2025

          THE HON'BLE SRI JUSTICE K.SARATH

            WRIT PETITION No.3143 OF 2025

ORDER:

Heard Learned Counsel appearing for the petitioner,

learned Assistant Government Pleader for Home appearing

for the respondents and perused the entire material on

record.

2. Learned Counsel for the petitioner submits that the

petitioner is the accused No.1 in Crime No.7 of 2025, dated

27.01.2025 on the file of Rudrangi Police Station, Rajanna

Sircilla District and the said crime is registered under

Sections 296, 351 (2) of BNS and punishment under the

above sections is below 7 years and the respondent-

authorities have to issue notice under Section 35 (3) of the

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

3. Learned Counsel for the petitioner further submits

that the respondents without following the procedure

prescribed under Section 35 (3) of the Bharatiya Nagarik

SK,J

Suraksha Sanhita (BNSS), 2023, are trying to arrest the

petitioner and requested to direct the respondents to follow

the procedure under Section 35 (3) of the Bharatiya

Nagarik Suraksha Sanhita (BNSS), 2023 and the Judgment

of Hon'ble Supreme Court passed in Arnesh Kumar v.

State of Bihar1.

4. Learned Assistant Government Pleader for Home on

oral instructions submits that the respondents are

following the due process as contemplated under Section

35 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),

2023 and proceeding with the matter as per law.

5. In view of the submissions made by both sides, this

writ petition is disposed of directing the respondents to

follow the due procedure as prescribed under Section 35 (3)

of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

and also follow the Judgment of Hon'ble Supreme Court

1 (2014) 8 SCC 273

SK,J

passed in Arnesh Kumar v. State of Bihar (Supra-1) in

connection with Crime No.7 of 2025, dated 27.01.2025 on

the file of Rudrangi Police Station, Rajanna Sircilla District,

Telangana State. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending shall stand

closed.

______________________ JUSTICE K.SARATH Date: 04.02.2025 BB