Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040003302026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./53/2026 Raja Jini Son of Late P K Kunjapla, serving as (ALO), Department of General Administration, Civil Secretariat, Itanagar. VERSUS The State of AP and 2 Ors represented through the PP of AP 2:The Superintendent of Police Age: 0 Occupation : Itanagar Papum Pare District Arunachal Pradesh. 3:The Officer in Charge / Enquiry Officer Age: 0 Occupation : Police Station Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Idak Bam, Mipe Ete Advocate for the Respondent : P P of AP,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.03.2026
Heard Mr. I. Bam, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Addl. P.P., representing the State. 2. This is an application filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for exercising the inherent powers of this Court for quashing the notice/summons for appearance, issued under Section 195 of the BNSS, 2023, in connection with Itanagar/PS/GDE No. 18/2026 dated 11.02.2026, issued by the Enquiry Officer, Police Station Itanagar, dated 05.03.2026, which has been received by the petitioner through WhatsApp on 06.03.2026 as forwarded to him by his office staff. 3. The learned counsel for the petitioner submits that he is totally unaware as to why the notice under Section 195 of the BNSS was issued to him. He, in fact, tried to gather information of the same from the Enquiry Officer, however, with his best efforts also, he could not gather any information. He submits that he is not involved in any case, wherein a summons under Section 195 of BNSS could have been issued to him. He submits that he is not aware of any allegations against him on the basis of which the summons could have been issued to him. 4. At this point, this Court requested the learned Additional P.P. to take instructions about the offence so alleged against the present petitioner. 5. The learned Additional P.P. Mr. T. Ete, on Court’s request, obtained the instructions and he has intimated this Court that the allegation against the petitioner has something to do with forgery and not some offence, wherein the summons can be issued by the Enquiry Officer, under Section 195 of BNSS. 6.
This Court has heard the submissions made by the learned counsel appearing for the respective parties. Page No.# 3/3
7. The summons under Section 195 of BNSS can be issued by a Police Officer proceeding under Section 194. Section 194 of BNSS, relates to enquiry in a case of unnatural death like suicide or any death under unnatural circumstances. 8. In the instant case, as submitted by the learned Additional P.P., there is no allegation against the petitioner of committing any offence which needs to be enquired into under Section 194 and therefore, notice under Section 195 of BNSS, needed to be issued. 9. This court is of the considered opinion that the instant petition can be disposed of at the motion stage itself, as agreed to by the learned counsel appearing for the respective parties. 10. In view of the aforesaid, this Court sets aside and quash the impugned summons to appearance dated 05.03.2026 issued in connection with Itanagar/PS/GDE No. 18/2026 dated 11.02.2026, under Section 195 of BNSS of the petitioner. 11. In terms of the aforesaid order, the instant criminal petition is disposed of as allowed. JUDGE Comparing Assistant