Gujarat HC Says Police Can Summon Shop-Dispute Petitioner Only By Written Notice

The petitioners sought, among other reliefs, registration of an FIR, protection from interference with their possession of a shop, preservation of police-station CCTV footage, and an order preventing police from summoning them orally or by telephone

They alleged that Respondent No. 4 repeatedly complained to the police and that the police frequently called the petitioner to the station, causing harassment

The Investigating Officer’s report stated that the parties had made numerous complaints against each other—40 by Respondent No. 4 and 15 by the petitioner—and that preliminary inquiries and subsequent action had been taken according to law

The petition invoked Articles 14, 21, 226 and 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023

The Court directed that, if the petitioner was required to attend in response to any further complaint, the Investigating Officer could summon her only by written notice in accordance with law

The Court considered the petitioner’s grievance that she was frequently called to the police station orally or by telephone, alongside the Investigating Officer’s report that both parties had made numerous complaints against each other and that the police had acted on them

Addressing only the manner in which the petitioner was summoned, the Court directed that any future summons be issued by written notice in accordance with law

The petition was disposed of and the Rule was made absolute accordingly