THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 9701 of 2025

O R D E R

Heard Ms Priya, learned counsel appearing on behalf of learned Counsel for the petitioner on record, learned Government Pleader for Home appearing for the official respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though he is arrayed as accused No.3 in Cr.No.149 of 2025, dt.20.03.2025, registered on the basis of the complaint lodged by the 6^th respondent herein, the respondents-authorities are not following the procedure prescribed under Section 35(3) of BNSS by issuing notice to the petitioner, and thus, the petitioner seeks for a direction to the respondents-authorities to follow the procedure prescribed under BNSS.

4. Per contra, learned Government Pleader for Home appearing for official respondents would submit that the 6^th respondent herein had approached the respondents-authorities and lodged a complaint against Sagar Kumar Nandi, Thupili Srinivasulu Reddy, Allampati Subba Reddy(petitioner herein) and Dayakar Reddy alleging they having committed cheating.

5. Learned Government Pleader would further submit that based on the aforesaid complaint lodged by the 6^th respondent herein, the authorities have registered a case vide Cr.No.149/2025 against the persons named in the complaint under the provisions of Section 318(4), 316(2) r/w 3(5) of BNS; that thereafter the authorities have made a call to the petitioner, who is resident of Pandipadu Village, A.S.Peta Mandal, Nellore District, to appear before the authorities for causing enquiry into the aforesaid complaint lodged; and that in response to the phone call made by the authorities, the petitioner did not choose to appear and instead came up with the present Writ Petition.

6. On the aforesaid submission being made by the learned Government Pleader appearing for respondents, learned counsel for the petitioner submits that the petitioner would cooperate with the investigation into the aforesaid crime registered, if this Court were to direct the petitioner to appear before the 5^th respondent-

authority on any day fixed by the Court, and for the said reason, the petitioner prays that authorities may be directed to issue notice under Section 35(3) of BNSS.

7. I have taken note of the aforesaid submissions made.

8. Having regard to the submissions made as above and taking note of the fact that the petitioner has been arrayed as accused No.3 in Cr.No.149/2025, dt.20.03.2025, and since the petitioner now has assured this Court that he would cooperate with the investigation by appearing before the 5^th respondent on any date as may be directed by this Court, this Court is of the view that the petitioner should be directed to approach the 5^th respondent- authority on 23.04.2025 at 11.00 a.m. for the said authority to cause enquiry/investigation into the aforesaid crime registered. On the petitioner appearing before the 5^th respondent on the date as indicated above, the respondents-authorities shall serve notice under Section 35(3) of BNSS to the petitioner.

9. Further, on the respondents-authorities serving notice to the petitioner as noted hereinabove, the petitioner shall cooperate with the investigation into the aforesaid crime registered, as may be required by the 5^th respondent.

10. Subject to the above observations and directions, the Writ Petition is disposed of. No order as to costs.

11. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

01^st April, 2025 gra