Back
2025 Supreme(Online)(Ker) 13116
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
KRISHNAKUMAR T. – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 529/2025
C.S.MANU, DILU JOSEPH, C.A.ANUPAMAN, T.B.SIVAPRASAD, NEETHU.K.SHAJI, C.Y.VIJAY KUMAR, MANJU E.R., ALINT JOSEPH, PAUL JOSE, DAINY DAVIS, RILNA RADHAKRISHNAN, MAHESH KUMAR K., S.RAJEEV, V.VINAY(K/355/2009), M.S.ANEER(K/644/2013), ANILKUMAR C.R.(K/001190/2020), SARATH K.P.(K/001467/2021), K.S.KIRAN KRISHNAN(K/3514/2022), DIPA V.(K/003785/2024), AKASH CHERIAN THOMAS(K/1237/2022), SRI C.S.HRITHWIK, SR PP
Police must issue notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before summoning individuals, ensuring adherence to due procedure in criminal investigations.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 35(3) - Writ petition filed seeking a direction to prevent police from summoning or harassing petitioners without due procedure - Court noted that police will issue notice under Section 35(3) if presence of petitioners is necessary. (Paras 2-3)
(B) Writ Jurisdiction - The court emphasized the necessity of following due procedure in criminal investigations and the importance of issuing notice before summoning individuals. (Para 3)
Facts of the case:
The petitioners sought protection from being summoned or harassed by police in relation to Crime No. 262/2025 without proper notice as mandated by law.
Findings of Court:
The court disposed of the writ petition, allowing the police to continue their investigation while ensuring that notice under Section 35(3) is issued if necessary.
Issues: The main issue was whether the police could summon the petitioners without following the due procedure outlined in the BNSS.
Ratio Decidendi: The court ruled that the police must adhere to the procedural requirements of issuing notice under Section 35(3) of the BNSS before summoning the petitioners.
Result: Writ petition disposed of.
JUDGMENT
This writ petition(criminal) is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent and all police officers subordinate to him not to summon or harass the petitioners in relation to Crime No. 262/2025 of Kottakkal Police Station without following the due procedure prescribed under law including issue of notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita , 2023;
ii. Allow cost of the petition to the petitioner.
iii. Grant such other and further reliefs as this Hon'ble Court may further deem just and proper in the circumstances of the case.
(SIC)
2. The only prayer in this writ petition is to issue a direction to the 2nd respondent and other police o summon or harass the petitioners in relation to Crime No.262/2025 of Kottakkal Police Station without following the due procedure prescribed under law including issue of notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ).
3. The Public Prosecutor submitted that the Police will issue notice under Section 35 (3) of BNSS if the presence of the petitioners is necessary. Therefore, this writ petition need not be retained here.
The Investigating Officer is free to continue with the investigation and if the presence of the petitioners is necessary, notice under Section 35 (3) of BNSS shall be issued.
With the above observation, this writ petition (criminal) is disposed of.
