Summons under Section 179 BNSS cannot be issued during preliminary enquiry without FIR registration, as power exercisable only during investigation commencing post-FIR.

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 impugned police summons dated 11.03.2026 issued under Section 179 of the BNSS (Annexure-5) and the status report submitted by the Enquiry Officer of Police Station Seijosa.

5. It is not in dispute that the impugned police summons issued under Section 179 of the BNSS does not disclose any FIR number or registered case. As per the status report, no FIR has yet been registered against the petitioner, and only a preliminary enquiry was being conducted. Further, the complainant has already been advised by the Enquiry Officer to seek remedy before the Civil Court. The status report submitted by the Enquiry Officer is taken on record and parked as Document 'X for identification.

6. The contention of the petitioner is that, in the absence of disclosure of any registered police station case, the issuance of summons/notice under Section 179 of the BNSS is without jurisdiction and contrary to law.

7. In support of his submissions, Mr. Tsering Kee, the learned counsel for the petitioner has relied upon the decision rendered in Lalita Kumari vs. Government of Uttar Pradesh & Ors., reported in (2014) 2 SCC 1, and the decision in R. Somasundaram vs. State of Tamil Nadu , reported in 2025 Supreme (Mad) 5193, wherein it has been held that a summons under Section 179 of the BNSS cannot be issued without registration of an FIR.

8. In view of the above, the only issue for consideration in the present petition is whether a summons/notice under Section 179 of the BNSS, 2023 can be issued in the absence of registration of an FIR and commencement of investigation.

9. Section 179 of the BNSS,2023 reads as under:

"179. Police officer's power to require attendance of witnesses.

(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

10. Thus, Section 179 of the BNSS empowers the police to require the attendance of a person acquainted with the facts of a case during the course of investigation.

11, The law is well settled that investigation commences only upon registration of an FIR relating to a cognizable offence, as laid down in Lalita Kumari (Supra). Further, in paragraph 120.5 thereof, it has been held that "the scope of a preliminary inquiry is not to verify the veracity or otherwise of the information received, but only to ascertain whether the information reveals any cognizable offence, and thus, such inguiry cannot partake the character of an investigation.

12. Mr. Ete, the learned Additional Public Prosecutor has fairly conceded the submissions advanced by the learned counsel f