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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Sayed Jashim Ahmed, Son of Late Sayed Abdul Hye – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. invocation of inherent powers under bnss (Para 1 , 3) |
| 2. arguments regarding notice under section 179 bnss (Para 4 , 5 , 19) |
| 3. interpretation of 'any person' in section 179 bnss (Para 20 , 21 , 23) |
| 4. invalidity of whatsapp as notice service (Para 22 , 24 , 25 , 26) |
| 5. court's decision to allow criminal petition partially (Para 27) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The petitioner has approached this Court seeking to invoke the inherent powers of the Court available under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [ BNSS ] on being aggrieved by a Notice issued under Section 179 , BNSS on 06.08.2025 through WhatsApp by the Investigating Officer [I.O.] of the case seeking his presence before him on that very day.
2. I have heard Mr. N.H. Barbhuiya, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State of Assam.
3. Mr. Barbhuiya, learned counsel for the petitioner has submitted that the petitioner has been arraigned as an accused in connection with Chapar Police Station Case no. 119/2025 and was arrested during the course of investigation of the said case. On an application being made for hi
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