(Quashing of Police Summons to an Advocate for a Legal Notice)
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 528 - Code of Civil Procedure, 1908 (CPC), Section 80 - This petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash a police summon issued to an Advocate. The petitioner, a practicing Advocate, challenged a summon directing him to appear for an enquiry solely because he had issued a legal notice under Section 80 of the Code of Civil Procedure, 1908, on behalf of his client.
The core issue was whether a counsel, merely discharging professional duty by issuing a statutory legal notice, could be compelled to appear before the police for enquiry regarding its contents, absent any complaint or criminal case against the Advocate.
The petitioner contended he acted in his professional capacity, relaying his client's instructions, with no complaint or FIR against him. He argued the police should question the client for factual verification, deeming the summon illegal, arbitrary, and an attempt to intimidate, thus hindering his professional duties.