Summons valid post-case revival; must strictly comply with S.94 BNSS.

O R D E R

The present petition has been filed by the third accused in Crime No.26 of 2021, on the file of respondent-Police seeking to quash the summons issued on 03.02.2026 directing the Petitioner to appear on 06.01.2026.

2.According to the learned counsel for the Petitioner, FIR in Crime No.26 of 2021 was referred to as ‘mistake of fact’ and a final report came to be filed before the learned Judicial Magistrate No.I, Trichy on 24.02.2022. In such circumstances, the summons cannot be issued by the Investigating Agency. He further submits that the Petitioner has not been arrayed as an accused in Crime No.26 of 2021.

3.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that though the case was closed as ‘mistake of fact’, the de-facto complainant had filed Crl.M.P.No. 13849 of 2022 by way of protest petition and the same was dismissed by the learned Judicial Magistrate on 8.12.2022. Challenging the same, the complainant filed Crl.R.C(MD)No,.201 of 2023 before this Court and the same was allowed on 3.3.2023.

This Court has directed the Investigating Agency to issue fresh summons to the Petitioner. Therefore, according to the learned counsel for the Petitioner, summons is not strictly in accordance with the orders passed in Crl.R.C(MD)No.201of 2023.

4.The grievance of the Petitioner is that the summons is dated 3.2.2026 and the Petitioner has been directed to appear on

6.1.2026.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.In view of the above said facts, it is clear that the criminal case as against the Petitioner has been reported by this Court by way of order made in Crl.R.C(MD)No.201 of 2023 and therefore, this Court does not find any illegality in the issuance of summons by the Investigating Agency. However, the respondent-Police is directed to issue fresh summons in strict compliance of Section 94 of BNSS, 2023, if they like to proceed further.