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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
BUDI HABUNG
Miss Linu Kato Daughter of Shri Gedo Kato – Appellant
Versus
State of AP – Respondent
| Table of Content |
|---|
| 1. petition challenges summons issued without fir. (Para 1 , 2 , 3 , 4 , 5) |
| 2. summons under section 179 requires fir registration. (Para 6 , 7) |
| 3. investigation commences only upon fir registration. (Para 8 , 9 , 10) |
| 4. precedents prohibit pre-fir summons issuance. (Para 12 , 13) |
| 5. summons absent fir lacks jurisdiction. (Para 14 , 15) |
| 6. summons quashed; police compliance directed. (Para 16 , 17) |
ORDER :
BUDI HABUNG, J.
Heard Mr. J. Tsering Kee, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent N o.1.
2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing and setting aside the summons dated 11.03.2026 issued by the enguiry officer under Section 179 of the BNSS, whereby the petitioner has been directed to appear before the police station in connection with an alleged complaint against him by one Shri Vergush Nabam.
3. In compliance with the earlier order dated 16.03.2026 passed by this Court, the learned Additional Public Prosecutor has produced the status report of the case.
4. I have perused the contentions made in the petition, the impu
Summons under Section 179 BNSS cannot be issued during preliminary enquiry without FIR registration, as power exercisable only during investigation commencing post-FIR.
The main legal point established in the judgment is the distinction between Section 160 Cr.P.C. and Section 41-A Cr.P.C. in summoning witnesses and conducting preliminary inquiries, emphasizing the b....
Preliminary inquiries are not mandated under the CrPC but can occur under Section 173(3) of the BNSS with specific guidelines, emphasizing the necessity of FIR registration if a cognizable offence is....
Summons valid post-case revival; must strictly comply with S.94 BNSS.
The Magistrate is not required to record detailed reasons when issuing summons in response to a police report, provided there are sufficient grounds for proceeding.
Court mandates compliance with statutory notice requirements before further action under Section 130 of BNSS.
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