Issuing a notice to appear for investigation under Sections 94 and 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023, constitutes following the due process of law and does not violate court directions against disturbing a person's peace without such process.

The Court made the following:

ORDER:

The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-

“…to Issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No 3 in issuing notice dated 22 02 2026 directing the Petitioner to appear on 26.02.2026 in spite of the specific direction issued by this Honble Court in W P No 16404 of 2025 dated 03.07.2025 as illegal arbitrary without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and Consequently set aside the notice dated 22 02 2026 issued by the 3rd Respondent and Pass such other order(s)…”

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

3. Sri S. Ganesh Babu, learned counsel for the petitioner, submits that the petitioner was issued a notice dated 22.02.2026 requiring him to appear on 26.02.2026, despite there being a specific direction issued by this Court in W.P. No.16404 of 2025 dated 03.07.2025.

4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on instructions, submits that the Investigating Officer only summoned the petitioner, as he is acquainted with the facts and circumstances of the case, and that substantial amounts were credited into his account from the account of Accused No.1. This Court, in W.P.No.16404 of 2025, directed the Investigating Officer not to disturb the peace of the petitioner without following due process of law.

5. It appears that the Investigating Officer has followed the due process of law by issuing notice as contemplated under Sections 94 and 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’). If that be so, the petitioner is required to cooperate with the Investigating Officer. If it is found that the petitioner has also committed the alleged offences, he is at liberty to approach the appropriate forum seeking appropriate relief.

6. In view of the above, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.