THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 22650 of 2025

ORDER:

Heard learned counsel for petitioner, and Sri B.Sridhar, learned Assistant Government Pleader for Home appearing for respondent Nos.1, 3 and 4.

2. This Writ Petition is filed to declare the action of respondent No.4 in not taking steps to revoke the notice under Section 35(1)(a) and 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime Nos.322 of 2025 and 542 of 2025, as illegal.

3. Whereas the learned Assistant Government Pleader for Home, on instructions, would submit that the Investigating Officer in Crime No. 322 of 2025, pending on the file of Keesara Police Station, has already completed the investigation, filed a charge sheet against Respondent Nos. 5 and 6, and the same has been taken on file as C.C. No. 869 of 2025. The case is pending before the Court of the III Additional Metropolitan Magistrate, Medchal– Malkajgiri District. In Crime No. 542 of 2025, pending on the file of Keesara Police Station, there are twenty accused. The Investigating Officer has already served notices under Section

35(3) of the BNSS, and the investigation is almost complete and he is going to file a charge sheet against the accused.

4. As discussed supra, the petitioner is seeking a direction to respondent No.4 to revoke the notices under Section 35(1)(a) and

35(6) of BNSS, in the aforesaid crimes.

5. In light of the above discussion, it is relevant to note that Chapter V of the BNSS, deals with the ‘Arrest of Persons’. Section 35 of the BNSS pertains to arrest by the police without a warrant. Under Section 35(1), a police officer may arrest a person without a warrant from a Magistrate if the person: (a) commits a cognizable offence in the presence of the police officer. Further, Section 35(6) provides that where the said person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in its behalf, arrest him for the offence mentioned in the notice. Therefore, the petitioner cannot seek a direction to Respondent No. 4 to revoke the notices issued under Section 35(1)(a) and 35(6) of the BNSS in the aforesaid crimes. At the cost of repetition, it is relevant to note that in Crime No. 322 of 2025, the Investigating Officer has already completed the investigation and filed a charge sheet against Respondent Nos. 5 and 6, which has been taken on file as C.C. No. 869 of 2025. Even in Crime No. 542 of 2025, the Investigating Officer has nearly completed the investigation and has served notices on twenty (20) accused persons. He is in the process of filing the charge sheet against the accused therein. If the petitioner is aggrieved by any such action, or by the non-conducting of a fair investigation, or by the repetition of the alleged offence by Respondent Nos. 5 and 6, the petitioner has to take steps by filing appropriate applications before the trial court in accordance with law. She cannot file the present writ petition seeking a direction to Respondent No. 4 to revoke the notices issued under Section 35(1)(a) and 35(6) of the BNSS. It is also relevant to note that the petitioner and respondent Nos.5 and 6 are relatives. There are matrimonial disputes between the petitioner and her mother-in-law. Therefore, the petitioner is not entitled to any relief, much less the relief sought in the present writ petition.

6. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to take appropriate steps in accordance with the procedure laid down under the BNSS. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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K. LAKSHMAN, J

01.08.2025 sa