THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12207 of 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the notice dated 11.08.2025 issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the Cyber Crime Police Station, Khammam.

2. Heard Sri P.Dheeraj Murthy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioner has submitted that the police have sent the notice under Section 35 (3) of BNSS to the petitioner through WhatsApp, which is not permissible in the eye of law and that the Apex Court has laid down the principle in respect of issuance of notices under Section 35(3) of BNSS in Satendra Kumar Antil v. Central Bureau of Investigation and another, 2025 INSC 909 and further the BNSS does not permit service of notice under Section 35(3) through WhatsApp or any other electronic mode. He further submitted

that after sending the impugned notice through WhatsApp, the police are regularly harassing the petitioner with threat of arrest and therefore, prayed to quash the notice