APHC010368422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18516 OF 2()9Fi Between: Shaik Yousuf @ Yusub, S/o Chan Basha. Aged about Reporter, R/o Door No.3/73, Agraharam, T. Sundupalli, Annamayya District. 28 years, Occ: ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, T. Sundupalli Police Station, Annamayya District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 3rd Respondent pertaining to FIR section 353(2) read with in not issuing notice under section 35 (3) of BNSS no. 131/2025 dated 05/07/2025 for offence under 3 (5) BNS which are punishable less than 7 years as illegal, arbitrary and unconstitutional and consequently direct the 3rd Respondent to issue notice to the Petitioner under section 35 (3) of BNSS pertaining to FIR dated 05/07/2025. lA NO: 1 OF no. 131/2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent to forthwith issue notice to the Petitioner under section 35 (3) of BNSS pertaining to FIR no. 131/2025 dated 05/07/2025. Counsel for the Petitioner: SYED KHADER MASTAN Counsel for the Respondents: GP FOR HOME The Court made the following order: V 1 APHC010368422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18516/2025 Between: 1.SHAIK YOUSUF @ YUSUB. S/0 CHAN BASHA, AGED ABOUT 28 YEARS, 000 REPORTER, R/0 DOOR NO.3/73, AGRAHARAM, T. SUNDUPALLI, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT, SECRETARY, VELAGAPUDI, AMARAVATHI. HOME SECRETARIAT 2.THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT. 3.THE STATION HOUSE OFFICER, T. SUNDUPALLI POLICE STATION ANNAMAYYA DISTRICT. ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 3RD Respondent in not issuing notice under section 35 (3) of BNSS pertaining to FIR no. 131/2025 dated 05/07/2025 for offence under section 353(2) read with 3 (5) BNS which are punishable less than 7 years as illegal, arbitraryand unconstitutional and consequently direct the 3RD Respondent to issue notice to the Petitioner under section 35 (3) of BNSS pertaining to EIR no. 131/2025 dated 05/07/2025 and be pleased to pass 2 S lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direqt the 3RD Respondent to forthwith issue notice to the Petitioner under sectiba 35 (3) of BNSS pertaining to FIR no. 131/2025 dated 05/07/2025 and be pleased to pass Counsel for the Petitioner: 1.SYED KHADER MASTAN Counsel for the Respondent{S): 1.GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18516/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .phased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 3^^ Respondent in not issuing notice under section 35 (3) of BNSS pertaining to FIR No. 131/2025 dated 05/07/2025 for offence under section 353(2) read with 3(5) BNS which are punishable less than 7 years as illegal,arbitrary and unconstitutional and consequently direct the 3^^^ Respondent to issue notice to the Petitioner under section 35 (3) of BNSS pertaining to FIR no. 131/2025 dated 05/07/2025 and be pleased to pass ...” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home for the respondents. Learned counsel for the petitioner would submit that the petition may be 3. 1 disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. Considering the submissions, this Writ petition is disposed of with the 5. following; (2014) 8 see 273 4 a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above 6. crime, the petitioner is at liberty to challenge the charge sheet, if they feel aggrieved by the same. In the result, the Writ Petition is disposed of. No order as to costs. 7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Annamayya District. 3. The Station House Officer, T. Sundupalli Police Station, Annamayya District. 4. One CC to Sri Syed Khader Mastan Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 18516 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS