THE HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.15203 of 2025

ORDER

This writ petition is filed for the following relief:

“to issue Writ order or direction more one in the nature of Writ of Mandamus, declaring the action of respondents more particularly that of respondents 2 to 4 in not following the procedure contemplated under section 35 3 BNSS and section 41A of the old code followed by the Judgment of Honorable Supreme Court in case of Arnesh Kumar AIR 2014 SUPREME COURT 2756 pensively engaging to arrest the petitioner while returning to India in relation to a false complaint vide FIR No 62/2025 on the file of 3rd respondent for the offences under sections 318(4), 336(3) and 340 R/w Section 61(2) of BNS appearing to coerce the petitioner for settling private scores with 5th respondent though the offences are of no penal consequence than 7 years and less than 7 years as being illegal arbitrary unconstitutional apart from being violative of Articles 19, 21 and 300A of the Constitution principles of Natural Justice Fair Play and equalness as per law.”

2. Heard Sri Rama Rao Immani, learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4.

3. During the course of hearing, learned counsel for the petitioner submitted that as the punishment prescribed for the offences alleged may be directed to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar¹

4. Learned Assistant Government Pleader for home had not opposed the same.

5. In view of the same, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 09.06.2025. On such appearance of the petitioner, the Investigating Officer is directed 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 Apex Court in Arnesh Kumar vs. State of Bihar²

6. It is made clear that the petitioner shall cooperate with the Investigating officer for the investigation and make himself available to him as and when required and also provide the information/documents as sought by him to conclude the investigation.

for investigation, the Investigating Officer is at liberty to take action against him in accordance with law.

8. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, pending if any, shall stand closed.

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J.SREENIVAS RAO Date: 21.05.2025 Note: Issue CC by 22.05.2025 b/o vsl