JUDGMENT

Nivedita P. Mehta, J.—Rule. Rule made returnable forthwith. Heard finally, by consent of the learned counsel appearing for the respective parties.

2. The petitioners have invoked the writ jurisdiction of this Court seeking a direction to the respondent-police authorities not to harass, threaten or intimidate the petitioners or their family members except strictly in accordance with the procedure established by law in connection with Crime No.26/2026 registered at Police Station Khapa for the offences punishable under Rule 134 of the Maharashtra Motor Vehicles Rules, 1989 and Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”). The petitioners further seek a declaration that the alleged action of respondent No.1 in forcibly entering their residential premises, harassing the women members of the family without issuance of any notice, and illegally seizing and retaining the mobile phone of petitioner No.1 for two days without following the procedure prescribed under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), is illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India. A further direction is sought requiring the respondents to strictly adhere to the procedure prescribed under the BNSS while investigating bailable offences, including compliance with the statutory requirement of issuance of notice and conducting a lawful investigation without resorting to coercive or extra-legal measures. The remaining prayers are consequential and ancillary in nature.

3. Briefly stated, the facts giving rise to the present petition are that Crime No.26/2026 came to be registered on 24.01.2026 at Police Station Khapa for the offences punishable under Rule 134 of the Maharashtra Motor Vehicles Rules, 1989 and Sections 281 and 125(a) of the BNS. According to the First Information Report lodged by one Sachin Deepak Kalamkar, resident of Khapa, on 24.01.2026 at about 2.30 p.m. he received information that one Ashish Sheshrao Nile met with an accident near the Kanhan River, in the vicinity of Paradkar’s field. The informant stated that a silver-coloured four-wheeler collided with motorcycle bearing registration No.MH-40-BV- 0670, which was being driven by Ashish Nile, resulting in injuries to his head, hand and leg. It is further alleged that the driver of the four-wheeler fled from the spot immediately after the accident.

4. It is the case of the petitioners that petitioner No.2, who is the husband of petitioner No.1, is not named as an accused in the aforesaid crime. Nevertheless, according to the petitioners, respondent No.1 repeatedly visited their residence situated at Ward No.4, Sillewada, in connection with the investigation of the said crime.

5. The petitioners contend that on 25.01.2026 at about 11.30 p.m., police personnel visited their residence when petitioner No.1 was alone and made enquiries regarding the aforesaid crime. It is further alleged that on 31.01.2026 at about 5.00 p.m., officers attached to Police Station Khapa again visited the residence and interrogated petitioner No.1 despite being informed that her husband was not present. According to the petitioners, on both occasions the police personnel entered the residential premises without producing any warrant, written authorisation, notice under the BNSS or any other lawful order. It is further alleged that no lady police constable accompanied the police personnel, though petitioner No.1 was questioned inside her residence.

6. According to the petitioners, the enquiry was conducted in a coercive and intimidating manner, causing severe mental distress and fear. It is further alleged that the police personnel entered the bedroom of petitioner No.1 and took possession of her mobile phone. The petitioners asserts that no seizure panchnama was prepared, no independent panch witnesses were called, no procedure prescribed under the BNSS was followed and no acknow