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2025 DIGILAW 2741 (KER)

Saurabh Sunny S/o Sunny Joseph v. State of Kerala

2025-11-04

C.PRATHEEP KUMAR

body2025
ORDER : 1. The petitioner challenges Annexure-A3 notice dated 23.09.2025 issued by the Station House Officer, Harbour Police Station, Kochi under Section 172 of the Bharatiya Nagarik Suraksha Sanhita , 2023, on the ground that, it was issued at the instance of the 2 nd respondent only to harass him. 2. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer has a received a complaint from the 2 nd respondent and it was as part of the enquiry in the said complaint, Annexure-A3 notice was issued to the petitioner. 3. The apprehension raised by the petitioner is that he is suffering from various ailments and he apprehends that he will be harassed by the Station House Officer, if he appears before him. 4. The learned counsel for the petitioner submitted that the petitioner is ready to appear before the Station House Officer, if he will not be harassed. He also submitted that a direction be issued to the Station House Officer to follow the procedure established by law when the petitioner appears before him. 4. Considering the facts, I hold that this Crl.M.C. can be disposed of with a direction to the Station House Officer to follow the procedure established by law, in case the petitioner appears before him pursuant to Annexure-A3 notice. In the result, this Crl.M.C. is disposed of with a direction to the petitioner to appear before the Station House Officer, Harbour Police Station, Kochi, within a period of two weeks from today. The Station House Officer shall follow the procedure established by law, during interrogation.