2025 (6) TMI 1801 - HC - Indian Laws

Challenge to notice issued u/s 179 of the BNSS by respondent No.2 - HELD THAT - Perused the report dated 11.04.2025 prepared by Mr. D. R. Patel ACP SC/ST cell 2 Ahmedabad City whereby it reveals that the offence has been registered at Odhav Police Station Ahmedabad being C.R.No. 11191037250276/2025 and for the purpose of investigation witness summons under Section 179 of the BNSS/ Section 160 of Cr.P.C. came to be issued to the applicant. It further appears that though the applicant did not respond to the said summons and approached this Court on 01.04.2025 and due to non-cooperation on the part of the applicant further investigation is stalled. Thus as summons has been under Section 179 of BNSS in the capacity of witness and the authority has power to investigate the offence no case is made out to entertain present petition. Further there is no violation of fundamental right of the petitioner under Article 226 of the Constitution of India. The present petition is disposed of.

Summary

The Gujarat High Court, through Justice Hasmukh D. Suthar, dismissed the petition seeking quashing of the Notice dated 24.03.2025 issued under Section 179 of the BNSS, which summoned the petitioner as a witness in a criminal investigation (C.R.No. 11191037250276/2025) registered at Odhav Police Station. The Court noted that the summons under Section 179 BNSS/Section 160 Cr.P.C. was valid for investigation purposes, and the petitioner's non-cooperation had stalled the investigation. It held that "no case is made out to entertain present petition" and found "no violation of fundamental right of the petitioner under Article 226 of the Constitution of India." The petition was accordingly disposed of.