Police can issue valid witness summons under Section 179 BNSS for criminal investigations despite non-cooperation challenges

Gujarat HC dismissed petition challenging witness summons under Section 179 BNSS issued by Odhav Police Station in criminal investigation. Court held summons valid for investigation purposes and found petitioner's non-cooperation stalled proceedings. No fundamental rights violation under Article 226 established. Court ruled no grounds existed to entertain petition seeking quashing of notice. Petition disposed of accordingly.

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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.

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