THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

ORDER:

This writ petition is filed seeking the following prayer:-

“…..

to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein more particularly the respondent No. 3 herein in not issuing the mandatory notice under Section 41A Cr P C to petitioners herein and not following the procedure as contemplated under law and the guidelines issued by the Honourable Supreme Court in the case of Arnesh Kumar Vs State of Bihar reported in 2014 8 SCC273 while investigating the case in FIR No 56/2025 dt 11/02/2025 of Falaknuma Police Station Hyderabad for alleged offences under Section 316 2 3184 351 2 r/w 35 BNS as highly illegal arbitrary violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to strictly adhere the procedure as envisaged under Section 41A Cr P C and the guidelines laid down by the Honourable Supreme Court in the case of Arnesh Kumar Vs State of Bihar while investigating the case by directing the respondents herein not to arrest the …”

petitioners and pass

2. Heard Mr.Mir Ahmed Khan, learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondent Nos.1 to 3.

3. During the course of hearing, it is brought to the notice of this Court that the offences levelled against the petitioners are punishable with an imprisonment of less than seven 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 BNSS and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar Vs State of Bihar, 1(2014) 8 SCC 273 On such notice being given, the petitioner/accused shall appear before the concerned SHO as and when directed. The concerned Investigation Officer is directed to permit the petitioners to take assistance of the lawyer during the course of investigation.

5. It is made clear that the petitioners shall cooperate with the Investigating Officer for the investigation and make themselves available to the Investigating Officer as and when required and also provide the information/documents as sought by the Investigating Officer to conclude the investigation.

6. If the petitioners fail to cooperate with the Investigating Officer for investigation, the Investigating Officer is at liberty to take action against them in accordance with law.

7. Subject to the above directions, the Writ Petition is disposed of.

Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Date: 28.05.2025 Aqs/nds THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

28.05.2025 AQS