Witness summons in criminal investigation upheld where non-cooperation stalled inquiry and no fundamental right violation was shown.

A witness summons issued under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was upheld where it was issued in aid of investigation in a registered criminal case. The Court treated the notice as a lawful investigative step directed to the petitioner in witness capacity, and noted that the investigating agency was entitled to summon the witness for inquiry and investigation. It also observed non-response to the summons and lack of cooperation, which had stalled the investigation. On these facts, no basis was found for judicial interference or for holding that any fundamental right under Article 226 had been violated.

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Issues: Whether the notice issued to the petitioner as a witness under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 could be quashed, and whether any violation of fundamental rights under Article 226 of the Constitution of India was made out.

Analysis: The notice was issued in aid of investigation in a registered criminal case and was directed to the petitioner in the capacity of a witness. The record indicated that the investigating agency was empowered to summon the witness for the purpose of inquiry and investigation. The Court also noted non-response to the summons and observed that the investigation had been stalled due to lack of cooperation. In these circumstances, no ground was shown for judicial interference in the notice.

Conclusion: The challenge to the witness summons was rejected and no violation of fundamental rights was found.

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