Sr. No. 21 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 216/2025 Ankit Dagar …. Petitioner/Appellant(s) Through:- Mr. Avish Sharma, Advocate V/s UT of J&K and others …..Respondent(s) Through:- CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 17.03.2025 1. The short contention of the petitioner is that the respondent No. 1 is harassing him under the guise of an inquiry/investigation and, therefore, has invoked the inherent powers of this Court under Section 528 BNSS, 2023. 2. It is submitted that the petitioner has been summoned by respondent No. 1 without any written notice. Respondent No. 1, Police Station Women Cell, Gandhi Nagar, Jammu, lacks the authority to summon the petitioner in this manner, as provided in Section 179 of BNSS, which reads as under: - “179. Police officer's power to require attendance of witnesses. (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to CRM(M) No. 216/2025 p. 2 be acquainted with the facts and circumstances of the case; and such person shall attend as so required...” 3. Learned counsel for the petitioner submits that in case any application or complaint is filed at the Police Station which requires investigation, then respondent No. 1 may proceed in accordance with law and issue a written notice to the petitioner. 4. In view of the submission made by the learned counsel for the petitioner, this writ petition is taken up for disposal at this stage itself by directing that in case any application or complaint is pending before the respondent No. 1, Police Station Women Cell, Gandhi Nagar, Jammu, which requires investigation in presence of the petitioner, then the provisions of BNSS, 2023, is to be followed strictly and a written notice is required to the served upon the petitioner, provided a case has been registered. In case there is no complaint filed at this stage, the petitioner shall not be orally summoned to the Police Station. 5. Accordingly, this petition stands disposed of. (SINDHU SHARMA) JUDGE Jammu: 17.03.2025 Vishal Khajuria