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S. R. KRISHNA KUMAR
Pavankumar – Appellant
Versus
State of Karnataka Through Adugodi P. S. , Rep. by State Public Prosecutor – Respondent
ORDER (ORAL)
S.R. Krishna Kumar, J.—In this petition, petitioner seeks for the following reliefs:—
“Wherefore, the Petitioner most humbly prays that this Hon’ble Court be pleased to quash the notice dated 14.02.2025 issued by the 1st Respondent Police to him under Sec.35 (3) of Bharatiya Nagarik Suraksha Sanhita in respect of a case in Crime No.193/2024, registered for offence punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000, pending on the file of 39th Additional CMM (CJM), Bengaluru City, in the interest of justice.”
2. A perusal of the material on record will indicate that respondent No.1 has issued the impugned notice under Section 35(3) BNSS / 41(A) of Cr.P.C through Whats App, as is clear from the said notice dated 14.02.2025.
3. Recently in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Anr., - Misc. Application No.2034/2022 in MA 1849/2021 in Slp (Crl) No.5191/2021, the Hon’ble Apex Court has categorically held that issuance and service of notice under Section 35(3) BNSS / 41(A) of Cr.P.C through Whats App is impermissible in law.
4. In the said judgment, it is held as under:—
“We have heard the learned Amicus Curia
Police notice – Service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to mode of service recognised and prescribed under Cr.P....
Notices under Section 35(3) of BNSS must adhere to statutory procedures, including proper service and detail inclusion; electronic service is insufficient.
(1) Police notice – Mode of service – Usage of electronic communication – Electronic communication is not a valid mode of service of notice under Section 35 of BNSS, 2023, since its conscious omissio....
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.
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.
Notice by Police – Notices under Section 41-A of Cr.P.C., 1973/Section 35 of BNSS, 2023 can be issued only through mode of service as prescribed under Cr.P.C., 1973/BNSS, 2023 – Service of notice thr....
Failure to comply with procedural requirements under Section 41-A of Cr.P.C. during arrest was ruled as a violation of personal liberty and contempt of court.
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