THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33060 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“declaring the action of the respondent No.4 in proceeding to arrest the petitioner without following the procedure laid down in Section 353 of BNSS 41A of CrPC as illegal, arbitrary and violation of Article 21 of the Constitution of India in connection with Crime No.297 of 2025 on the file of the 3rd respondent.”

3. The facts of the case in brief as stated are that petitioner is a labourer and is resident of Gattududdenapally Village, Karimnagar District. It is submitted that petitioner and others were falsely implicated in Cr.No.297/2025 dated 11.09.2025 on the file of Yadagirigutta Police Station under Section 303(2) of BNSS on the complaint filed by one M.Ramesh with regard to missing of his sheep from the cattle shed. The main grievance of the petitioner is that the respondent authorities were not issuing notice under Section 35(3) of BNSS to the petitioner. Questioning the same this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondents, on instructions, would submit that if the petitioner approaches concerned police station, notice under Section 35(3) BNSS would be served on the petitioner enabling the petitioner to take appropriate steps.

5. Having considered the above facts and circumstances and without expressing any opinion on the merits of the case, this writ petition is disposed of directing petitioner to approach respondent No.3 on 04.11.2025 at 4.00 PM and the respondent No.3 is directed to serve notice under Section 35(3) of BNSS to the petitioner and conduct investigation by following due procedure as contemplated under law. It is also made clear that the petitioner shall co-operate with the investigation in FIR No.297 of 2025.

6. With the above direction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed.

No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 03.11.2025 Note:-Issue C.C today.

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