1. The guidelines in Arnesh Kumar vs. State of Bihar and others (AIR 2014 SC 2756) apply not only to offences under Sections 498-A of the IPC or Section 4 of the Dowry Prohibition Act but also to cases where the offence is punishable with imprisonment for a term less than seven years or extending up to seven years, whether with or without fine.
2. In the instant matter, the trigger incident involved comments made by FIR Legislative Council members on Congress workers, followed by an incident of sprinkling turmeric water by some people, allegedly insulting the Dalit community and hurting their sentiments, which led to complaints and registration of FIRs.
3. Upon scrutiny of the Remand Case Diary and reasons for arrest provided by the police, this Court finds that there has been no physical attack on any person. The complainants are from a different village than the incident location.
4. The Court finds that the decision in Arnesh Kumar is applicable as the offences fall within the specified penalty range and the reasons given for arrest are not sufficient to satisfy the requirement of compulsory arrest.
5. The decision in Practical Solutions Inc. vs. The State of Telangana is distinguishable on facts and law as it pertains to notice under Section 41-A of Cr.P.C. in cases filed for quashing of FIRs.
6. NULL DIRECTED: The respondent police are directed to issue notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the petitioners and take action in accordance with law after they submit their explanation thereunto. The petitioners are also directed to cooperate with the investigation and shall not attempt to influence witnesses, and the respondents are further directed not to interfere with the personal liberty of the petitioners without any justifiable cause and not to summon them without justifiable cause.
