TAVARAGI RAJASHEKHAR SHIVA PRASAD V. STATE OF KARNATAKA, 2024 (KAR) 344
FACTS:The petitioner, Tavaragi Rajashekhar Shiva Prasad, is a prominent senior journalist with extensive experience in well-known media outlets, including ETV, TV-9, Samaya TV, Janasri Bharath-1, and Vijaya Karnataka. He has held various positions such as reporter, anchor, editor-in-chief, CEO, and director. The case began with a WhatsApp notice received on June 6, 2024, from the fourth respondent, summoning him to appear at the Amruthahalli Police Station on June 7, 2024, at 10:30 a.m. The petitioner requested clarification on the reason for the summons but received no response. The notice was issued under Section 41(1)(a) of the Cr.P.C. but did not specify any registered crime or related details. After inquiring about the notice at the police station with his advocate, the petitioner was still not informed of the alleged crime, prompting him to approach the court.
Issue: Is a party obligated to appear before the police if a summons under Section 35 of the BNSS lacks a crime number and details of the alleged offense?
OBSERVATION:The Karnataka High Court ruled that if a police summons issued under Section 35 of the BNSS does not include a crime number or details of the alleged offense, the individual is not required to appear, and no coercive measures may be taken against them. The Court instructed the state government to create guidelines for police station house officers, similar to those implemented in other states. Until such guidelines are established, any summons under Section 35 of the BNSS must include the crime number and details of the offense, and can be communicated through traditional or electronic means.
