THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA WRIT PETITION No.32951 of 2025

ORDER

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the Court to issue an order or direction in the nature of Writ of Mandamus declaring the action of respondent No.5 in not issuing notice under Section 35(3) of BNSS, 2023 to the petitioners in FIR.No.200 of 2025, on the file of Begumbazar Police Station, Hyderabad and insisting to withdraw the complaint of the petitioners dated 18.10.2025 against the 6^th respondent, as illegal and arbitrary and consequently to set-aside the said FIR.

2. Heard Sri B.Madhusudhan Rao, learned counsel for the petitioners as well as Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home representing respondent Nos.1 to 5.

3. Learned counsel for the petitioners submits that the petitioners are Advocates and are innocent and that the present complaint is lodged as an afterthought by the Police to implicate the petitioners and harass them. He further submitted that the complaint is lodged with a delay while the incident is alleged to have occurred on the intervening night of 17/18-10-2025 while the complaint is lodged on 18.10.2025 at 2.30 p.m. and the complainant being SI of Police, failed to explain the delay. He therefore prayed to issue a Writ of Mandamus declaring the action of respondent No.5 in not issuing notice under Section 35(3) of BNSS, 2023 to the petitioners in FIR.No.200 of 2025, on the file of Begumbazar Police Station, Hyderabad, as unconstitutional.

4. The learned Assistant Government Pleader for Home representing respondent Nos.1 to 5 submitted that the petition lacks merits and that when the Police personnel on duty have asked the petitioners to cooperate for the breathanalyzer test, they have not cooperated and further, they have abused and obstructed the duties of police personnel. He therefore prayed to dismiss the petition.

5. Perused the record. The offences alleged against the petitioners are punishable with less than 7 years of imprisonment. The contention of the petitioner is that the FIR was lodged with a delay but the reason for not explaining the delay cannot be a ground to quash the proceedings. The other contention of the learned petitioners’ counsel is that the police are insisting the petitioners to withdraw the case against the respondent No.6 and unless they do that they shall not invoke the procedure under 35(3) of BNSS, 2023. The procedure under Section 35(3) of BNSS cannot be overlooked in this petition since the offences are punishable with less than 7 years.

6. Hence, the Writ Petition is disposed of directing the petitioners to appear before the concerned Police on or before 21.11.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Police are directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.

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

___________________________

JUSTICE TIRUMALA DEVI EADA Dt.31.10.2025 ysk