IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Date: 09.01.2026 Between:

Tamisetty Adinarayana … Petitioners And The Ste of Telangana, Represented by its Principal Secretary, Home Department, Hyderabad, and One another.

… Respondents

ORDER

Questioning the action of the respondent No.2 in not issuing notice to the petitioner under Section 35 BNSS in Cr.No.384 of 2025 on the file of Yellareddypet Police Station, petitioner filed the present writ petition with a consequential prayer to direct the respondent No.2 to issue notice under Section 35 BNSS.

Learned counsel for the petitioner would submit that based on a complaint lodged by the respondent No.2, Station House Officer, Police Station yellareddypet, a crime was registered alleging that the petitioner is involved in transporting the sand illegally without having any valid permission from the concerned. For initiating any action against the petitioner, respondents have to follow due procedure as contemplated under law by issuing notice under Section 35 of BNSS. Without issuing any notice, respondents are trying to initiate action against the petitioner.

On the other hand, learned Assistant Government Pleader for Home has placed a copy of the instructions dated 09.01.2026 of the Sub-Inspector of Police, Yellareddypet Police Station, Rajanna Siricilla District, wherein, inter alia, it is stated that based on a complaint lodged by the respondent No.2 registered a case in Crime No.384 of 2025 for the offences under Section 303(g) of the BNS and Section 3 of the PDPP Act on 13.12.2025 against the driver-cum-owner of the sand loaded pickup vehicle bearing Registration No.TG-23-T-1022. During the course of investigation, respondent No.2 called the petitioner for the purpose of investigation and for serving notice under Section 35(3) of BNSS. The petitioner instead of appearing before the respondent No.2 and acknowledging receipt of the notice, has chosen to file the present writ petition.

After arguing at length, leaned counsel for the petitioner would like to accept/receive notice on behalf of the petitioner and submitted that the petitioner will cooperate with the investigation and comply with the notice.

In that view of the matter, since the grievance of the petitioner is that the respondents Police having not issued required notice under Section 35 BNSS are trying to initiate action against him and in the open Court, the learned counsel for the petitioner received the notice from the respondents on behalf of the petitioner, this writ petition is disposed of directing the petitioner to cooperate with the investigation and comply with the notice. Respondents Police shall also follow due procedure as contemplated under law before initiating any action against the petitioner.

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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

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JUSTICE N.V. SHRAVAN KUMAR Date: 09.01.2026 Note: Furnish C.C. by tomorrow.

B/o. LSK