APHC010087262026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 5540/2026 Between: Mocharla P Mastanaiah Alias Masthan ...PETITIONER AND The Director General Of Police and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MEDIKONDA PRANAY VENKAT CHOWDARY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 HON'BLE SRI JUSTICE K.SURESH REDDY WRIT PETITION NO: 5540 of 2026 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus declaring the action of the respondents in not adhering to the mandatory requirement of issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sa nhita, 2023, prior to initiating coercive steps against the petitioner, as illegal, arbitrary, contrary to law, and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the respondents to strictly follow the procedure contemplated under law. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Learned Assistant Government Pleader submits that the offences alleged against the petitioner are punishable under Sections 317(2), 318(4), and 340(2) of the Bharatiya Nyaya Sanhita, and as the maximum punishment prescribed is less than seven years, issuance of notice under Section 35(3) of the BNSS, in terms of the guidelines laid down by the Hon’ble Supreme 3 Court in Arnesh Kumar v. State of Bihar, is mandatory before effecting arrest. 4. In view of the aforesaid submission, Writ Petition is disposed of directing the respondents-police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 equivalent to Section 41-A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. No costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ________________________ JUSTICE K SURESH REDDY Dated: 26.02.2026 GR 1 (2014) 8 SCC 273 4 THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 5540 of 2026 Date: 26.02.2026 GR 5