ORDER

This writ Petition is filed by the petitioner seeking the following relief:

“…to pass an orders or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No. 3 in trying to arrest the petitioners highhandedly in relation to Cr.No.255 of 2025 dated 21.05.2025 registered on the file of the Station House Officer Adilabad II Town P.S., Adilabad District without following the procedure contemplated under Section 35 (3) of BNSS, and in contrary to guidelines issued by the Honble Apex court in Arnesh Kumar vs. State of Bihar as illegal, arbitrary and violation of Article 14 and 21 of Constitution of India, consequently direct the respondents No. 3 to follow the procedure contemplated under Section 35 (3) of BNSS in relation to above crime registered against petitioner and to pass…”

2. Heard Mr. P. Ramulu, learned counsel for the petitioner; Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing for respondents No.2 and 3; and perused the material available on record.

3. During the course of hearing, it is brought to the notice of this Court that the offences levelled against the petitioner are punishable with imprisonment for a term less than seven (7) years.

4. In view of the same, without going into the merits of the case, this Court deems it appropriate to direct the Investigating Officer to scrupulously follow the procedure contemplated under Section 41-A of the Criminal Procedure Code, 1973 (Cr.P.C.) /Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. On such notice being given, the petitioner shall appear before the concerned Station House Officer as and when directed. The concerned Investigation Officer is directed to permit the petitioner to take assistance of his counsel during the course of investigation.

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

As a sequel, miscellaneous petitions pending, if any, pending in this writ petition, shall stand closed. __________________________________

1(2014) 8 SCC 273