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2026:APHC:16854 APHC010207852026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 10363/2026 Between:

1. K AZA SRIHARI RAO, S / O . KAZA RAMA CHANDRA RAO, AGED ABOUT 58 YEARS, R/O.H.NO.9-227/ 1, KUMMARI BAZAR, NADIM

TIRUVUR, NTR DISTRICT.

...PETITIONER AND

1. T HE STATION HOUSE OFFICER, MANGALAGIRI RURAL POLICE STATION, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT,

VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. P NAGENDRA REDDY Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

ORDER

The Writ Petition has been filed under Article 226 of the Constitution of

India seeking the following relief:-

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Dated 17.04.2026

“…to issue a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No l in disturbing the personal liberty of the Petitioner under the guise of the investigation in Crime No 33/2026 on the file of the 1St Respondent Police without following due process of law and insisting the Petitioner not to go any place without informing to the Police and serving the Notice contrary to the Form No l of ScheduleII prescribed U/sec 353 of BNSS as arbitrary illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No l not to disturb the personal liberty of the Petitioner and his family members under the guise of investigation in Crime No 33/2026 on the file of the 1st Respondent Police Station without following due process of law in the interest of justice and pass such

order(s).”

2. Heard the learned Counsel for the Petitioner and the learned Assistant

Government Pleader for Home.

3. Sri P. Nagendra Reddy, learned Counsel for the Petitioner, submits that the Petitioner was arraigned as Accused No.2 in Crime No.33 of 2026 of Mangalagiri Rural Police Station. However, the notice served on the Petitioner, purportedly under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) is not in the prescribed format, namely

Form No.1 in the Second Schedule of ‘the BNSS’.

4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, submits that the notice issued under Section 35(3) of ‘the BNSS.,’ is not in the form stipulated in the Second Schedule of ‘the BNSS.,’ as contemplated under Section 522 of ‘the BNSS.,’ and leaves it to this Court to pass appropriate

orders.

5. On a bare perusal of the notice issued under Section 35(3) of ‘the BNSS.,’ which is in Telugu, this Court finds that it does not adhere to the form prescribed in the Second Schedule under Section 522 of ‘the BNSS’. The

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Dated 17.04.2026

notice issued by Respondent No.1, though undated, was served on 16.04.2026 and is not in consonance with Form No.1 of ‘the BNSS’. Therefore, the impugned notice is set aside. Respondent No.1 is directed to issue a fresh notice under Section 35(3) of ‘the BNSS.,’ in strict compliance with Form No.1 prescribed in the Second Schedule under Section 522 of ‘the

BNSS’.

6. In the result, the Writ Petition is disposed of. There shall be no order as

to costs.

As a sequel, miscellaneous petitions, if any pending shall stand closed.

_________________________

DR. Y. LAKSHMANA RAO, J Date: 17.04.2026

KMS

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202D6:rA.YPLHR,CJ :16854 W.P.No.10363 of 2026

Dated 17.04.2026

157 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

Writ PETITION No.10363 of 2026

Date: 17.04.2026

KMS