Rakesh Kumar v. State Of Punjab

CRM-M-23697-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23697-2026 Date of Decision: 29.04.2026 RAKESH KUMAR ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Rajesh Gupta, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C) for quashing of two impugned police notices (P-1 and P-2) under Sections 35(3) BNSS (41-A Cr.P.C) served through whatsapp on 13.04.2026 and 17.04.2026 in light of judgment passed by the Hon'ble Supreme Court of India in case titled as "Satender Kumar Antil Vs CBI" and such police notices under Section 35(3) BNSS cannot be served during preliminary police inquiry prior to registration of FIR. 2.

Learned counsel for the petitioner submits that notices have been received by the petitioner through WhatsApp, and he is not legally bound to appear, as the said notices are not in accordance with law. 3.

Notice of motion.

4.

Mr. P.S.Pandher, Asst. A.G.Punjab accepts notice on behalf of the respondent-State.

5.

I have heard the submissions made by learned counsel for the petitioner and perused the record.

RENU RAWAT 2026.04.30 16.21 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-23697-2026  6.

Keeping in view the aforesaid facts and circumstances of the case and the prayer made by learned counsel for the petitioner, the present petition stands disposed of with a direction to the respondent that, in case the petitioner is required to join proceedings in any complaint, a proper notice shall be served at least three days in advance before requiring his appearance. 7.

Pending application(s), if any, also stand disposed of. (H.S.GREWAL) 29.04.2026 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RENU RAWAT 2026.04.30 16.21 I attest to the accuracy and integrity of this document Chandigarh