Protection against harassment and compliance with procedural law regarding police notices are paramount, ensuring legal rights are upheld.

JUDGMENT

Petitioner seeks for a direction to the 4^th respondent not to harrass him and his family members.

2. Petitioner alleges that he is a final year student of University of Calicut, studying for Bachelor of Business Administration. Petitioner alleges that he is being directed by the 4^th respondent to appear in the police station without any basis. Petitioner also alleges that since he apprehended arrest in a crime, he filed B.A.No.50 of 2026 before the Sessions Court, Kollam and by an order dated 13.01.2026, the said petition was closed after recording that no crime has been registered against him. It was pointed out that the learned Sessions Judge had also observed that in case the petitioner is wanted in any crime, notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short,' BNSS ') shall be issued to him. Despite the above directions, a notice dated 13.01.2025 was served on him in January, 2026 asking him to appear before the Kollam City Cyber Crime Police Station. According to the petitioner, the said notice is not in terms of (3) of and therefore it is a clear instance of harrassment.

3. The learned Government Pleader, upon instructions submitted that petitioner is alleged to have created a WhatsApp community group and is suspected to be trafficking women for immoral purposes. Though a complaint has yet been received in that regard, no crime has yet been registered against the petitioner. It was further stated that in the notice dated 13.01.2025 there was a mistake in the date and the content that it was only as part of an enquiry being conducted into the complaint. The learned Government Pleader also submitted that notice under Section 35 (3) of BNSS will be issued as and when required, as observed in Ext.P1 order of the Sessions Court.

4. In view of the submission of the learned Government Pleader that notice under Section 35 (3) of BNSS will be issued to the petitioner if he is required as part of any enquiry/ investigation, the grievance of the petitioner based on this apprehension of harrassment stands redressed to a large extent.

However, there will be a direction to the 4^th respondent not to harrass the petitioner and if in case, he is wanted as part of any investigation into a crime, necessarily notice under Section 35 (3) of BNSS will be issued as directed in Ext.P1. The writ petition is disposed of as above.

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