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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Linu Kato – Appellant
Versus
State of AP – Respondent
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 preli
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....
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.
Compliance with statutory procedures is mandatory in issuing summons under the BNSS, 2023. Failure to issue a prior written order under Section 130 invalidates subsequent actions, ensuring protection....
Prospective accused cannot challenge the direction for F.I.R. registration and investigation before cognizance, affirming no locus standi in such cases.
Prospective accused lack locus standi to challenge an order directing F.I.R. registration before cognizance is taken, validating the inherent jurisdiction limitations as per Section 528 and Section 1....
The court affirmed that notices issued under Section 179 of the BNSS are valid for investigative purposes and not subject to challenge if statutory provisions are followed.
The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
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