THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23805 of 2025

ORDER

Aggrieved by the action of respondent Nos.4 and 5, whose officers are trying to arrest the petitioner by issuing false and fake notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhitha (for short “BNSS”), 2023 (previous Cr.P.C. under Section 41-A) with FIR No.290 of 2025 under Section 318(4), 3(5) of BNS registered at Battapura Rural Police Station, Chattisgarh State, the present Writ Petition is filed.

2. The facts of the case as stated in brief are that the petitioner is a business man doing trading business in Rice and other food items in the name and style of M/s.OM Traders, situated at H.No.10-3/10/1, Rampally, Keesara Mandal, Medchal-Malkajgiri District, Hyderabad, Telangana, having GST.No.36CCEPV2805E1ZO. On 29.05.2025, two persons saying that they are officers of respondent No.5 Police Station situated at Bhattapara, Chattisgarh State with the help of constables of respondent No.4 visited the petitioner’s office at H.No.10-3/10/1, Rampally, Keesa Mandal, Medchal-Malkajgiri District and asked about the whereabouts of his workers. The respondent No.5 has come to arrest the petitioner and take him to Chattisgarh Police Station, as a criminal case has been registered against the petitioner.

3. Questioning the same, the present Writ Petition is filed.

4. Learned counsel for the petitioner draws attention of this Court to the form of notice issued as per Section 35(3) of BNS, which has been issued by respondent No.5 on 31.05.2025.

5. The Station House Officer of PS Keesara, Rachakonda Commissionerate – respondent No.4 placed instructions through the learned Assistant Government Pleader for Home submitting that the FIR No.290 of 2025 does not pertain to Keesara Police Station and pertains to Battapara Rural Police Station, Chattisgarh State and it is no way concerned with the said FIR and that they never called the petitioner and did not harass him. 6. It is further submitted that the petitioner is accused in Crime No.704 of 2024 under Sections 316(2), 318(4) of BNS, dated 11.09.2024 on the file of respondent No.4 police station, which was registered based on the complaint given by one Mr.Srikanth and after completion of investigation, the respondent No.4 filed charge sheet dated 26.11.2024 before the learned III Additional Metropolitan Magistrate, Medchal at Malkajgiri and the same is pending trial vide C.C.No.1986 of

2024.

7. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

8. Learned Assistant Government Pleader for Home submits that respondent No.4 is not concerned with the FIR No.290 of 2025 and that the respondent No.4 officers never visited the petitioner’s office.

9. In that view of the petitioner, if the petitioner is still aggrieved by the notice issued by respondent No.5, which according to the petitioner’s counsel is not in a prescribed format and that the petitioner does not know the whereabouts of the place Battapara, Chattisgarh State, and recording the submissions of the respondent No.4 that the respondent No.4 officers are not concerned with the said notice dated 31.05.2025 and that they are not concerned with the petitioner and as stated by the petitioner’s counsel that notice has been issued by respondent No.5, this Court has no territorial jurisdiction to pass any order on the impugned notice dated 31.05.2025. It is for the petitioner to work out his remedies challenging the said notice dated 31.05.2025 in accordance with law.

10. With the above observations, this Writ Petition is disposed of. No order as to costs.

As a sequel, miscellaneous applications pending in this petition if any, shall stand closed.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 12.08.2025 Nsk