THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.10311 of 2025

ORDER

Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and perused the record.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioners, in brief, is that though the respondents-authorities, based on the complaint made by the 5^th respondent, have registered a case against the petitioners herein, vide Crime No.61 of 2025, dt.27.03.2025, for the offences under Section 318(2), 308(2), 126(2), 351(1) read with Section 3(5) of BNS, the authorities are not issuing notices under Section 35(3) of BNSS, even though the said offences are punishable with less than seven years imprisonment, which action of the respondents it is contended as highly illegal, arbitrary and contrary to BNSS.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that on the respondents-

authorities registering the aforesaid crime against the petitioners herein, on 27.03.2025, on the authorities trying to serve notices under Section 35(3) of BNSS, the petitioners did not receive the same and are absconding.

5. Learned Government Pleader further submits that if the petitioners come forward to receive the notices sought to be served by the respondents-authorities, they would serve the same and would conduct investigation into the aforesaid crime.

6. The aforesaid submission made by the learned Government Pleader for Home is taken on record.

7. Having regard to the submissions made as above, and taking note of the fact that the respondents-authorities intend to serve notices on the petitioners under Section 35(3) of BNSS in connection with Crime No.61 of 2025, dt.27.03.2025, this Court is of the view that the petitioners are to be directed to approach the respondents-authorities on or before 14.04.2025 to receive the notices under Section 35(3) of BNSS and provide information/explanation to the said notices and also cooperate with the investigation into the crime registered against them. Upon the petitioners approaching the respondents-authorities and collecting the notices, the respondents-authorities shall conduct investigation into the crime registered strictly in accordance with law.

8. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

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

__________________ T. VINOD KUMAR, J Date:08.04.2025

GJ

THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.10311 of 2025

08.04.2025 GJ