THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 15787 of 2025

O R D E R

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the writ petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.4 is not necessary for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that the 3^rd and 4^th respondents are to be directed to follow due process of law while investigating into the crime vide FIR.No.43 of 2025 with a further direction not to interfere in the civil disputes pending between the petitioner and the unofficial respondent herein in relation to immovable property and to direct the respondents-authorities to follow the directions of this Court in Crl.P.No.5676 of 2025.

4. Per contra, learned Government Pleader appearing on behalf of respondent Nos.1 to 3 would submit that on the unofficial respondent herein approaching the authorities and lodging a complaint, the authorities have registered a case vide FIR.No.43 of 2025 on the file of the 3^rd respondent-police station.

5. Learned Government Pleader would further submit that on the aforesaid crime being registered, the petitioner had approached this Court by filing a criminal petition vide Crl.P.No.5676 of 2025, and this Court by order, dt.29.04.2025, directed the respondents-authorities to follow the guidelines laid down in the case of Arnesh Kumar v. State of Bihar1

6. Learned Government Pleader would further submit that pursuant to the direction of this Court in Crl.P.No.5676 of 2025, to follow the guidelines in Arnesh Kumar’s case(1 Supra), the 3rd respondent-authorities sought to serve notice under Section 41A of Cr.P.C./35(3) of BNSS on the petitioner; and that the petitioner instead of receiving the notice under Section 35(3) of BNSS and furnishing the information as sought for therein, is avoiding to receive the same.

7. Learned Government Pleader further submits that if only the petitioner comes forward to receive the notice under Section 35(3) of BNSS as directed by this Court in the aforementioned criminal petition and cooperating with the investigation, the respondents- authorities would conduct investigation into the aforesaid crime registered by following due process of law.

1 (2014) 8 SCC 273

8. On the aforesaid submission being made to this Court by the learned Government Pleader for Home, learned counsel for petitioner would submit that the petitioner would approach the 3rd respondent- authority today itself before 6.00 p.m., for receiving the notice under Section 35(3) of BNSS and would furnish the relevant information/documents as sought thereunder in connection with FIR.No.43/2025, within the time mentioned in the notice and would cooperate with the further investigation into the aforesaid crime registered.

9. In view of the aforesaid submissions made, whereby the petitioner undertakes to appear before the 3rd respondent for receiving the said notice by 6.00 p.m., today, this Court is of the view that the respondents-authorities are to be directed to serve notice under Section 35(3) on the petitioner. Further, the petitioner is also directed to comply with the requirement as mentioned in the notice within the time stipulated by submitting necessary information/documents specified thereunder to enable the respondents-authorities to proceed with the further investigation into the aforesaid crime registered.

10. On the petitioner being served with notice under Section 35(3) of BNSS and on the petitioner complying with the notice conditions, the 3rd respondent shall conduct investigation into Cr.No.43/2025 strictly in accordance with law without interfering in the civil disputes between the petitioner and the unofficial respondent herein.

11. Subject to the above directions, the Writ Petiti