THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29547 of 2025

ORDER

Heard learned counsel for the petitioner and Sri.G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“to declare the Respondent No.5 in non-following the provisions of Section 35(3) of B.N.S.S Act and non-initiating to implement the directions of the Honourable Apex Court in Arnesh Kumar V/s. State of Bihar and trying to arrest the Petitioner in Crime No.1015 of 2025 for the offences under Section 316(2), 318(4), 352, 351(2) BNS, dated 11.07.2025 on the file of Police Station, Miyapur, without issuing any notice under Section 35(3) of B.N.S.S. by colluding with the Respondent No.6 is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300-A of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.5 to follow the provisions under Section Section 35(3) of B.N.S.S Act or follow the directions of the Honourable Apex Court in Arnesh Kumar V/s State of Bihar.”

3. Brief facts stated in this writ petition are that petitioner has established immigration service centre under name an style of “S.N.P Technologies” and since 2014, petitioner is working as immigration consultant in his services centre. It is further submitted that in the year 2022, respondent No.6 approached the petitioner and requested to provide immigration services and the petitioner has completed the entire process of immigration. Developing faith in the petitioner and his services, respondent No.6 used to bring clients to petitioner’s office and the same was processed by the petitioner. The case of the petitioner is that respondent No.6 created some fake documents regarding French language and skill certificates and the same was handed over to the petitioner for process of visa for different countries, however, the same was rejected and the clients demanded their money back. Thereafter, respondent No.6 with an intention to grab the money from the petitioner, lodged a complaint before respondent No.5 with false allegation and subsequently, Crime No.1015 of 2025 dated 11.07.2025, for the offences under Section 316(2), 318(4), 352, 351(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred as ‘BNSS’) was registered. Further case of the petitioner is that the respondent No.5 is threatening the petitioner to settle the dispute with respondent No.6 and is harassing the petitioner to pay money to the respondent No.6. Aggrieved, by the same this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5 placed on record instructions issued by Sub-Inspector of Police, Miyapur Police Station, Cyberbad Commissionerate, wherein it is submitted that on respondent No.6 complaint dated 11.07.2025, Crime No.1015 of 2025 dated 11.07.2025, was registered and detailed statement of respondent No.6 was recorded. During the course of enquiry, the investigation officer vide letter dated 22.09.2025 requested the Manager, HDFC Bank, Miyapur, to furnish bank statement of respondent Nos.6 and the same was furnished. Thereafter, investigation officer tried to issue notice under Section 35(3) of BNSS to the petitioner. It is further submitted that instead of approaching to the investigating officer, petitioner had filed this writ petition.

5. Learned Assistant Government Pleader for Home further submits that the investigating officer is taking efforts to complete the investigation in Crime No.1015 of 2025 dated 11.07.2025 and in this connection, investigating officer even tried to issue notice under Section 35(3) of BNSS and pray this Court to direct the petitioner to co-operate with the investigation pending in Crime No.1015 of 2025 dated 11.07.2025.

6. Havi