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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SYAM P S – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1656 OF 2025
| Table of Content |
|---|
| 1. challenge to notice under bnss (Para 1 , 2) |
| 2. court authority to enforce interrogation (Para 3) |
J U D G M E N T
The petitioner challenges Annexure-A1 notice under Section 35(3) of BNSS .
2. The petitioner was directed to appear before the Investigating Officer in Crime No.2739 of 2023 today (28.11.2025) at 11.00 a.m. This writ petition was filed as a today motion yesterday. A specific direction was given to the learned Public Prosecutor to ascertain when Annexure-A1 notice was served to the petitioner. It is reported that the notice was served to the petitioner on 18.11.2025. Still, the petitioner approached this Court only on 27.11.2025.
3. That apart, the learned Public Prosecutor made available to me the statement of the de facto complainant recorded by the Investigating Officer. On going through the said statement, there are allegations against the petitioner. Therefore, the Investigating Officer has every right to interrogate the petitioner. Hence, the Investigating Officer shall proceed with Annexure-A1 notice.
Accordingly, the writ petition is dismissed. However, as today the time is over, the petitioner shall appear before the Investigating Officer on 29.11.2005. at 11.00 a.m.
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