Nadeem vs State of Punjab

It is 04:30 pm. This matter is received by way of second supplementary list after mentioning was allowed by the Hon’ble Chief Justice.

The petitioner seeks quashing of notice dated 18.08.2026 issued by the investigating officer of Case No. 197/2026 registered at PS City Hoshiarpur, Punjab.

Learned counsel for petitioner submits that the impugned notice issued under Section 179 BNSS is contrary to law. It is submitted that under Section 179(1) BNSS, the investigating officer can require attendance of only that person who is within the limits of jurisdiction of the concerned police station or the adjoining police station. In the present case, since the impugned notice was issued by the investigating officer of district Hoshiarpur, Punjab, to the petitioner in Delhi, the notice is not sustainable in the eyes of law. In support of his contentions, learned counsel for petitioner has referred to certain judicial pronouncements also, which are not being elaborated here further because the other side fairly concedes.

Learned Special Counsel appearing on behalf of the respondent Punjab Police accepts notice and concedes to the petition. It is submitted by him that the petition may be allowed, so that the IO may take further appropriate action in accordance with law.

Accordingly, the petition is allowed and the impugned notice is quashed.

Accompanying applications also stand disposed of.