HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10459 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. Heard Mr. Atul Kumar Pandey, the learned counsel for petitioner and the learned A.G.A. for State/respondents-1,2,3. Perused the record. Petitioner- Gyanmati And Another have approached this Court by means of present Criminal Misc. Writ Petition with the following prayer: "issue, a writ, order or direction in the nature of mandamus directing the respondent no.2 and their subordinate officials not to harass and humiliate the petitioners in any manner and to ensure that the fundamental rights of the petitioners guaranteed under Article 21 of the Constitution of India are duly protected. ii. Issue a writ, order or direction directing the State Government and senior police authorities to take strict departmental action against the erring police officials involved in the illegal harassment, abuse, threats to the petitioners. iii. To issue any other order of direction which the Hon'ble Court may deem fit and proper in the circumstances of the case." It transpires from record that on 20.1.2026, an incident took place in which Harishchandra son of petitioner-1 enticed away the daughter of first informant. Consequently, an F.I.R. dated 27.1.2026 came to be lodged by Rahul Diwakar, father of the prosecutrix and same was registered as Case Crime No. 005 of 2026, under section 137(2) BNS, Police Station- Sonauli, District- Maharajganj. In the aforesaid F.I.R., Harischandra along has been nominated as named accused. On account of above, police is investigating the aforesaid case crime Versus Counsel for Petitioner(s) : Atul Kumar Pandey Counsel for Respondent(s) : G.A. Gyanmati And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) number. Even though petitioners are not named in the F.I.R. yet they are being harassed by the Police authorities pursuant to aforesaid F.I.R. It is thus contended by the learned counsel for petitioners that since petitioners are not named in the F.I.R., therefore, police authorities have no right to call the petitioners time and again in the garb of investigation. It is thus urged by the leanred counsel for petitioners that liberty of petitioners is liable to be protected by this Court. Per contra, the learned A.G.A. representing State/respondents-1 and 2 has vehemently opposed the present writ petition. Learned A.G.A. submits that as per the material on record i.e. the case diary of concerned case crime number, no harassment was caused by the concerned Police as per the inquiry report dated 12.4.2026. However, nothing adverse was discovered against Police officials either. It is thus urged by the learned A.G.A. that no cause of action survives with the petitioners to maintain the present writ petition. However, the learned A.G.A. could not dislodge the factual and legal submissions urged by the learned counsel for petitioner in support of present writ petition as noted herein above with reference to the record at this stage. Be that as it may, having heard the learned counsel for petitioners, the learned A.G.A. for State/respondents- 1, 2 and 3, and upon persual of record, we find that it is well settled that in case any investigation or interrogation is required from a prospective accused or person, a notice under section 35 BNS shall be issued to prospective accused by the police. Therefore, we provide that the the petitioners shall be interrogated or called by the polcie only after issuing a notice as per section 35 BNSS and not otherwise. With the aforesaid direction, this writ petitions shall stand finally disposed of. May 14, 2026 Arshad CRLP No. 10459 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad