In a significant relief to Sameer MD, a well-known YouTuber, the High Court of Karnataka (Justice M. Nagaprasanna) has stayed the notice issued vide order dated 06.03.2025 under Section 41A of CrPC / Section 35(3) of the Bharatiya Nyaya Sanhita (BNSS), 2023, by the respondent police. The petitioner was booked under Section 299 of the BNSS, 2023, in what is alleged to be a baseless and arbitrary case.
The petitioner was booked under Section 299 of the BNSS, 2023, following the release of a video related to the controversial Soujanya murder case, which sparked public discourse.
The learned counsel for the petitioner, Mr. A. Velan, Advocate-on-record, Supreme Court of India, vehemently argued before the Hon’ble High Court that the respondent police, in blatant disregard of legal procedure, barged into the attorney’s office and, in a display of militant haste, issued the impugned notice. The action of the police was challenged on the ground that it was in clear violation of the procedural safeguards enshrined in law.
Taking cognizance of the submissions made and considering the binding circular issued by the State Government, which mandates that a copy of the FIR must be appended to any notice issued under Section 35(3) of the BNSS, 2023, the Hon’ble High Court was pleased to stay the impugned notice.
This development comes as a major vindication of the petitioner’s stance against arbitrary police actions and underscores the importance of adhering to due process under the law. The case will now proceed further before the Hon’ble High Court.
Counsel for the Petitioner: A. Velan, Advocate-on-record, Supreme Court of India
