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HARINATH NUNEPALLY
Kessireddy Rajasekhar Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. The learned Counsel appearing for the petitioner submits that the petitioner was issued a notice under Section 179 of the BNSS ( Section 160 Cr.PC.) for appearance with regard to Crime No.21 of 2024, which is registered under Sections 409 , 420 and 120(B) of the IPC. The CID Police Station, Mangalgiri, required the attendance of the petitioner on 28.03.2025 at 10.00 a.m., at the SIT Office, Office of Commissioner of Police, Vijayawada, without fail, for the purpose of investigation.
2. The learned Senior Counsel for the petitioner submits that such a notice would not have been issued by the CID Police for the petitioner, who resides in Hyderabad at Jubilee Hills.
Section 179 of BNSS reads as follows:
Provided that no male person under the age of fif
The court affirmed that notices issued under Section 179 of the BNSS are valid for investigative purposes and not subject to challenge if statutory provisions are followed.
Police authority to issue notice for attendance is restricted by jurisdiction, particularly safeguarding individuals over 60 or with health issues from coercive attendance at distant locations.
Summons under Section 179 BNSS cannot be issued during preliminary enquiry without FIR registration, as power exercisable only during investigation commencing post-FIR.
Notices under Section 41A of the Cr.P.C. must include the crime number and relevant details to ensure transparency and protect the rights of the noticee.
Police cannot summon an advocate in their professional capacity, as it infringes on client confidentiality and legal representation rights.
Jurisdiction of police notices under Section 160 Cr.P.C. and Section 41-A Cr.P.C. is limited by territorial boundaries, and credible information is required to treat a person as an accused under Sect....
Notices issued without disclosing the corresponding FIR and crime details violate legal standards under Section 41-A of the Cr.P.C., necessitating all mandatory information for legal validity.
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
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