APHC010207852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 10363/2026 Between: 1. KAZA SRIHARI RAO, S / O . KAZA RAMA CHANDRA RAO, AGED ABOUT 58 YEARS, R/O.H.NO.9-227/ 1, KUMMARI BAZAR, NADIM TIRUVUR, NTR DISTRICT. ...PETITIONER AND 1. THE STATION HOUSE OFFICER, MANGALAGIRI RURAL POLICE STATION, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- 2 Dr.YLR,J W.P.No.10363 of 2026 Dated 17.04.2026 “…to issue a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No l in disturbing the personal liberty of the Petitioner under the guise of the investigation in Crime No 33/2026 on the file of the 1St Respondent Police without following due process of law and insisting the Petitioner not to go any place without informing to the Police and serving the Notice contrary to the Form No l of ScheduleII prescribed U/sec 353 of BNSS as arbitrary illegal and in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No l not to disturb the personal liberty of the Petitioner and his family members under the guise of investigation in Crime No 33/2026 on the file of the 1st Respondent Police Station without following due process of law in the interest of justice and pass such order(s).” 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri P. Nagendra Reddy, learned Counsel for the Petitioner, submits that the Petitioner was arraigned as Accused No.2 in Crime No.33 of 2026 of Mangalagiri Rural Police Station. However, the notice served on the Petitioner, purportedly under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) is not in the prescribed format, namely Form No.1 in the Second Schedule of ‘the BNSS’. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, submits that the notice issued under Section 35(3) of ‘the BNSS.,’ is not in the form stipulated in the Second Schedule of ‘the BNSS.,’ as contemplated under Section 522 of ‘the BNSS.,’ and leaves it to this Court to pass appropriate orders. 5. On a bare perusal of the notice issued under Section 35(3) of ‘the BNSS.,’ which is in Telugu, this Court finds that it does not adhere to the form prescribed in the Second Schedule under Section 522 of ‘the BNSS’. The 3 Dr.YLR,J W.P.No.10363 of 2026 Dated 17.04.2026 notice issued by Respondent No.1, though undated, was served on 16.04.2026 and is not in consonance with Form No.1 of ‘the BNSS’. Therefore, the impugned notice is set aside. Respondent No.1 is directed to issue a fresh notice under Section 35(3) of ‘the BNSS.,’ in strict compliance with Form No.1 prescribed in the Second Schedule under Section 522 of ‘the BNSS’. 6. In the result, 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: 17.04.2026 KMS 4 Dr.YLR,J W.P.No.10363 of 2026 Dated 17.04.2026 157 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.10363 of 2026 Date: 17.04.2026 KMS