The court held that police investigation into registered criminal offenses, including the issuance of notices for documents under the BNSS, is permissible and lawful, and petitioners are obligated to cooperate with such investigations provided they are conducted strictly according to legal procedure.

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.3 in interfering with civil disputes by calling the petitioners to the Police Station and threatening them with dire consequences without any authority or jurisdiction as illegal and arbitrary.…”

2. Heard Mr. V.T.Kalyan, learned counsel for the petitioners; Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and perused the record.

3. Learned counsel for the petitioners submits petitioners are owners and possessors of H.No.6-9-161, 5th Floor, Durga Bhavani Nagar, beside Bhashyam School, Santosh Nagar, Hyderabad. Learned counsel further submits that respondent No.4 who stays in the 2nd floor of the same apartment filed a complaint before respondent No.3 against the petitioners and acting on the said complaint, a case in Crime No.114 of 2026 dated 24.04.2026 was registered for the offences under Sections 126(2), 351(2) r/w 3(5) BNS, 2023 and without conducting proper enquiry, respondent No.3 issued notice under Section 35(3) of BNS 2023 directing the petitioners to provide all the relevant documents relating to the property within three days and under the guise of the registration of FIR, respondent No.3 is frequently calling the petitioners to the police station along with the property documents and to settle the issue with respondent No.4. Learned counsel further submits that no power has been vested upon respondent No.3 to seek information of the property and hence such action would amount to interference of the respondent police into the civil disputes between the petitioner.

4. Per contra, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 on instructions from respondent No.3 would submit that respondent No.4 lodged a complaint dated 24.04.2026 before respondent No.3 stating that she is residing in Flat No.102, 2nd Floor, Divya Apartments, Santoshnagar, Hyderabad and since she was not receiving water supply to her flat, she went to the terrace of the apartment to ascertain the reason. At that time, the petitioners obstructed her access, locked the terrace gate, abused her in filthy language, therefore, requested the police to take necessary action. Based on the said complaint, respondent No.3 registered FIR No.114 of 2026 dated 24.04.2026 for the offences punishable under Sections 126(2) and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita. During the course of investigation, respondent No.3 examined the complainant and LW2, recorded their statements, collected relevant evidence, visited the scene of offence. During further investigation, notices under Section 35(3) of the BNSS, dated 24.04.2026 were issued to accused persons to ascertain whether they are holding documents pertaining to the property, wherein accused No.1 is absconding, and efforts are being made to secure his presence and the case is still under investigation. It is further submitted that except conducting investigation into the said crime, the respondent No.3 is not interfering with the civil disputes between the petitioners and unofficial respondent as alleged by the petitioners. It is further submitted that as and when the petitioners appears before respondent No.3, notice under Section 35(3) BNS will be issued to the petitioners granting liberty to file their explanation.