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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ANJAN MONI KALITA
Cholingso Kora S/o Torelum Kora – Appellant
Versus
State of A.P. – Respondent
JUDGMENT :
ANJAN MONI KALITA, J.
1. Heard Mr. D. Das, learned Senior counsel assisted by Mr. S. Mow and Mr. I. Das, learned counsel for the petitioner and Mr. G. Tado, learned Addl. Public Prosecutor for the State.
2. This is an application under Section 528 of BNSS , 2023 praying for setting aside and quashing of the purported notice under Section 35 (3) of the sent to the petitioner, vide an Electronic message, vide No. Naharlagun/PS-23/24 dated 22.10.2025 from Officer-in-Charge, Naharlagun Police Station to Officer-in-Charge, Tezu Police Station, requesting to direct the petitioner to appear in Naharlagun Police Station in connection with an enquiry, vide Naharlagun PS GD Entry No.022/25 dated 22.10.2025 on or before 25.10.2025 without fail for the purpose of enquiry.
3. The case of the petitioner is that the petitioner received an Electronic notice dated 22.10.2025 from the respondent No.6 purportedly under Section 35 (3) of BNSS containing WT message No. NLG/PS-23/24 dated 22.10.2025 from Officer-in-Charge, Naharlagun Police Station to Officer-in-Charge Tezu Police Station to appear in Naharlagun Police Station in connection with an enquiry, vide NLG PS GD Entry No. 022/2025
Notices under Section 35(3) of BNSS must adhere to statutory procedures, including proper service and detail inclusion; electronic service is insufficient.
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....
(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.
The issuance of notice to the accused prior to the examination of the complainant on oath violates the procedural requirements established under Section 223 of BNSS, 2023.
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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