ORDER:

This writ petition is filed seeking the following relief:

“ ... to issue an appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in threatening the petitioners to arrest the petitioners in Crime No.112 of 2025 on the file of the Police Station, Naryankhed Police Station, Sanga Reddy District, registered under Sections 115 (2) of BNS 3(1)(r)(s) 3(2)(va) SC/ST (POA) Act. If the petitioners do not settle the subject and 800 square yards in Sy.No.22/1 situated at Narayankhed village and mandal, Medak District is illegal, arbitrary and Article 21 of the Constitution of India and violation to the Law laid down by the Hon’ble Supreme Court in a case i.e. Arnesh Kumar vs State of Bihar at the behest of the 5th respondent as illegal, arbitrary, consequently direct the respondent Nos.2 to 4 to follow the guidelines laid down in the Judgment Arnesh Kumar vs. State of Bihar of the Hon’ble Supreme Court of India by issuing notice under Section 35(3) of BNSS and pass……..”

2. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners/accused Nos.1 to 3 and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. During the course of hearing, it is brought to the notice of this Court that the offences leveled 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 petitioners to appear before the Investigation Officer on or before 15.05.2025. On such appearance of the petitioners, the Investigation 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 Bihar, 1(2014) 8 SCC 273

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

6. If the petitioners/accused fails to cooperate with the Investigation Officer for investigation, the Investigation 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. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

______________________ J.SREENIVAS RAO, J

Note: Issue C.C. in two days.

B/o