APHC010129282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6995/2026 Between: 1. KAKUMANU VENKATA KRISHNA MOHANA RAO,, S/O. K PUMA CHANDRA RAO, AGED 53 YEARS, OCC. BUSINESS, R/O. DOOR NO.9-6-244, PLOT NO 103, DRAIN STREET, ISLAMPET, VIJAYAWADA RURAL, NTR DISTRICT ANDHRA PRADESH-520001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS.. PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT- 522502 3. THE ASSISTANT COMMISSIONER OF POLICE, VIJAYAWADA COMMISSIONERATE, WEST DIVISION, VIJAYAWADA, NTR DISTRICT-520001. 4. THE CIRCLE INSPECTOR OF POLICE, BHAVANIPURAM POLICE STATION, VIJAYAWADA, NTR DISTRICT-520001. 5. THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION, VIJAYAWADA, NTR DISTRICT-520001. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue a writ, order or direction, more particularly one in nature of WRIT OF MANDAMUS or any other Writ, order or direction declaring the action of the Respondents in repeatedly calling me to the Police Station without complying and issuing the notice under 35(3) of BNSS, despite the specific directions of this Hon'ble Court directing the 5th Respondent to strictly follow the procedure laid down by the Hon'ble Supreme Court in Arnesh Kumar V. State of Bihar as arbitrary, illegal, and contrary to the settled principles of law and consequently set-aside the same and follow the procedure contemplated under Section 35(3) of BNSS and Arnesh Kumar v. State of Bihar…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mr. P.Sasidhar Reddy, learned counsel for the Petitioner, submits that the petitioner was shown as accused in Cr.No.600 of 2025 by Station House Officer, Bhavanipuram Police Station for the alleged offences under Section 316, 318 of Bharathiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). Learned Single Judge of this Court in Crl.P.No.162 of 2026 granted relief directing the investigating officer to follow section 35(5) of BNSS, there is another crime registered against the petitioner in Cr.No.119 of 2025 on the file of I Town Police Station, Vijayawada. The learned Counsel for the petitioner further 3 submits that even though there is a direction from this Court to follow section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 20231 (For brevity ‘the BNSS’), the police have not issued such notice and unnecessarily called the petitioner to police station and subjected to harassment. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits a notice contemplated under section 179(1) of ‘the BNSS’ was issued to the petitioner to cooperate the investigating officer. Learned Assistant Government Pleader further submits that investigating officer has not issued a notice contemplated under section 35(3) of BNSS by following order of this Court. 5. Be that as it may, when the Court directed the investigating officer to follow section 35(3) of ‘the BNSS’ by issuing notice to the petitioner, the investigating officer is duty bound to follow the directions of the Court. 6. Considering the entire facts and circumstances, recording the submissions of the learned Assistant Government Pleader, the Writ petition is disposed of, granting the liberty to the petitioner to go to the police station along with counsel and cooperate with the investigating officer in Cr.No119 of 2025. The Investigating officer shall follow the directions given by this Court in Criminal Petition No.162 of 2026 by issuing notice contemplated under Section 35 (3) of ‘the BNSS’. 1 ‘the BNSS’ 4 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.03.2026 SSA/CMK 5 144 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6995 of 2026 Date: 23.03.2026 SSA/CMK