THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23789 of 2025

ORDER

Aggrieved by the action of respondent No.3 in not giving a notice under Section 35 of Bhariya Nagarik Suraksha Sanhita (for short “BNSS”), 2023 in violation of judgment passed in Arnesh Kumar v. State of Bihar & Another, AIR 2014 SC 2756, the present Writ Petition is filed. A consequential prayer is made to direct respondent No.3 to issue notice under Section 35 of BNSS, 2023. 2. The brief facts of the case as stated are that the petitioners are the residents of Malkapur Thanda, which falls under the jurisdiction of Mandal cum District of Nizamabad. The petitioners claims to be the absolute owners of the land admeasuring Ac.1-25 guntas situated in Survey No.115 of Mallaram Village, Mandal cum District of Nizamabad. The petitioner No.1 entered into an agreement of sale of land with respondent No.4. The respondent No.4 has paid an advance amount of Rs.10,00,000/- and the remaining amount has to be paid within a period three (03) months, as assured by the un- official respondent. Believing the words of respondent No.4, the petitioners entered into the agreement, that the transaction would be completed as agreed there upon. It is further

submitted that the respondent No.4 without paying the total sale consideration amount, attempted to encroach upon the petitioner’s land. When the petitioners questioned such encroachment, the respondent No.4 resorted to using filthy language in the name of caste and personal character. Aggrieved by these acts, the petitioners approach the Nizamabad Police and lodged a complaint against respondent No.4. However, no complaint was registered against him till date. The respondent No.4 retaliated by filing a false complaint against the petitioners.

As a result, FIR has been filed against the petitioners.

3. It is further submitted that the dispute between the parties arises out of a civil transaction i.e. an agreement of sale involving land and payment of consideration, which cannot be given a criminal color.

4. It is further submitted that FIR No.74/2025 was registered under Sections 329(3), 324, 318(4), 351(2) read with 3(5) of BNS Act against the petitioners at Nizamabad Rural Police Station. Thereafter, the petitioners voluntarily presented themselves before the police and provided a detailed explanation of the events and requested the police to issue a notice under Section

35 of BNSS.

5. Learned counsel would submit that the petitioner has made a complaint on 28.07.2025 against respondent No.3, for threatening arrest and compelling compromise with respondent No.4 in violation of Section 35(3) of BNSS, calling to police station and detaining till night and requested to take action accordingly.

6. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

7. Learned Assistant Government Pleader for Home on instructions submits that the petitioner has already made a representation. The respondent No.3 would follow the procedure and issue notice under Section 35 of BNSS to the petitioners enabling them to pursue the remedies and would also submit that the petitioners have to co-operate with the investigation.

8. Learned counsel for the petitioners submits that if a notice is issued under Section 35 of BNSS to the petitioners, the petitioners will co-operate with the investigation.

9. In that view of the matter, recording the submissions of the learned counsel for the petitioners and the learned Assistant Government Pleader for Home, this Writ Petition is disposed of directing the respondent No.3 to issue notice under Section 35 of BNSS within a period of two (02) weeks from the date of receipt of a copy of this order enabling the petitioners to pursue their remedies.

10. Accordingly, the Writ Petition is disposed of with consent.

No order as to costs.

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