Mallampeta Varun Goud vs State Of Telangana
2025 Latest Caselaw 1746 Tel

Telangana High Court

Mallampeta Varun Goud vs State Of Telangana on 4 February, 2025

             THE HON'BLE SRI JUSTICE K.SARATH

               WRIT PETITION No.3114 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.3 in Crime No.48 of 2025 on

the file of Chandanagar Police Station, Cyberabad,

Telangana State and the said crime is registered under

Sections 118 (1), 126 (2), 115 (2), 352, read with 3 (5) 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

SK,J W.P.No.3114 of 2025

prescribed under Section 35 (3) of the Bharatiya Nagarik

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

1 (2014) 8 SCC 273

SK,J

and also follow the Judgment of Hon'ble Supreme Court

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

connection with Crime No.48 of 2025 on the file of

Chandanagar Police Station, Cyberabad, 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