Reaffirmation of Territorial Limits for Police Summons; Binding Authority for Subordinate Courts
Summary
| Category | Data |
|---|---|
| Case Name | W.P.(Crl.)/7/2025 of Captain Satish Pathania Vs State of Mizoram and 2 Ors. |
| CNR | GAHC030005602025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | Disposed Of |
| Judgment Author | HONORABLE MRS. JUSTICE YARENJUNGLA LONGKUMER |
| Court | Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) |
| Bench | Single Judge |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms limitation on extraterritorial police power |
| Type of Law | Criminal Procedure / IPC / Prevention of Corruption Act |
| Questions of Law | Whether Section 179 BNSS empowers a Police Officer to summon a person residing outside the limits of his own or any adjoining police station. |
| Ratio Decidendi |
The plain language of Section 179 BNSS confines a police officer’s power to require attendance for investigation to persons “within the limits of his own or any adjoining station.” The use of those territorial terms demonstrates legislative intent to restrict, not extend, jurisdiction. A summons issued to a Delhi resident by the Aizawl ACB was thus beyond territorial competence and must be quashed. The petitioner’s age (over 65 years) further places him under the protective scope of Section 171(1) BNSS. |
| Judgments Relied Upon | Directorate of Enforcement & Others v. State of West Bengal & Others, 2021 SCC Online Del 5603 |
| Logic / Jurisprudence / Authorities Relied Upon |
|
| Facts as Summarised by the Court | The Anti-Corruption Bureau, Aizawl, issued an undated summon to the petitioner—a Delhi resident and accused under Criminal Case No. 3/2023—under Section 179 BNSS. The petitioner challenged it under Article 226 as beyond jurisdiction and an abuse of process. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the Gauhati High Court’s jurisdiction |
| Persuasive For | Other High Courts |
| Follows | Directorate of Enforcement & Others v. State of West Bengal & Others, 2021 SCC Online Del 5603 |
What’s New / What Lawyers Should Note
- Section 179 BNSS is territorially confined to “own or any adjoining station”; cannot be used for out-of-jurisdiction persons.
- A person residing beyond territorial limits of investigation cannot be compelled to attend under that provision.
- Persons aged over 65 years receive additional protection under Section 171(1) BNSS.
- Concessions by State counsel on misuse of procedural provisions strengthen grounds for quashing extraterritorial summons.
Summary of Legal Reasoning
- Plain Language Interpretation: The court examined Section 179 BNSS, noting the qualifier “within the limits of his own or any adjoining station” limits police power territorially.
- Legislative Intent: The choice of terms implies an intention to restrict jurisdiction, as unlimited power would have been denoted by phrases like “anywhere in the country.”
- Age-Based Protection: The petitioner’s age (over 65) engages Section 171(1) BNSS, offering additional protection against compulsory attendance.
- State Concession: The State’s admission that the summon was issued under a wrong provision bolstered the finding of illegality.
Arguments by the Parties
Petitioner
- Summons under Section 179 BNSS is illegal as he resides in Delhi, beyond Aizawl/adjoining station limits.
- Age (65+) places him under protective category of Section 171(1) BNSS.
- The summon infringes Article 21 rights and is an abuse of process.
Respondent (State)
- Admitted the summon was wrongly issued under Section 179 BNSS, as the petitioner is an accused, not a witness, and resides outside territorial limits.
Factual Background
Captain Satish Pathania, a Delhi resident, was served an undated summon by the Aizawl Anti-Corruption Bureau under Section 179 BNSS in Criminal Case No. 3/2023 (investigating offences under the Prevention of Corruption Act and IPC). He filed a writ petition under Article 226 challenging the summon as beyond the police’s territorial jurisdiction and an abuse of power. The State conceded the summon was issued under the wrong statutory provision.
Statutory Analysis
- Section 179 BNSS: Empowers police to require attendance only of persons within the limits of their own or adjoining station.
- Section 171(1) BNSS: Provides protective safeguard for persons above 65 years from compulsory attendance under certain provisions.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions were expressed.
Alert Indicators
- ✔ Precedent Followed
Citations
- Directorate of Enforcement & Others v. State of West Bengal & Others, 2021 SCC Online Del 5603 (¶ 5)