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TMI Blog2022 (7) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... ion jurisdiction or any adjoining station. Further on a perusal of the Section makes it very clear that the issuance of the summons under Section 160 Cr.P.C. applies only to the cases of persons who appears to be acquainted with the facts and circumstances of the case, who are only witness or possible witnesses. Once the FIR has been registered as against the accused, summons cannot be issued against the accused under Section 160 Cr.P.C.for requiring his attendance for an accused person with a view to answering the charge made against him. The complaint given before the Police is relating to the dispute arising out of employment. Therefore, any cognizable offence is made out or not, it is the duty of the police to make an enquiry to ascerta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Arul Joseph Selvam Government Advocate (Crl. Side) ORDER This petition has been filed to quash the unnumbered summons dated 02.06.2022 in CSR No. 821 of 2022 on the file of the Respondent Police. 2. It is the case of the Petitioners that a complaint has been launched by one Mrs.V. Ambiga, formerly rendering accounting services to the company of the Petitioners herein. She lodged complaint in lieu of certain salary due to her. The police have issued summons in CSR No. 821 of 2022 for the appearance of the petitioners. 3. Learned counsel for the Petitioners mainly submitted that without registering the FIR under Section 154 Cr.P.C., the police have issued summons under Section 160 of Cr.P.C., calling upon the Petitioners who are reside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... himself of any person within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that (1) no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides; 2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. 9. On a careful perusal of the above provision, for issuance of summons the same can be issued for attendance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthu's case (supra) and quashed the summons with a liberty to the police to proceed further with the case and deal with the complaint in accordance with the guidelines given by the Honourable Apex Court in Lalitha Kumari Vs. Government of Uttar Pradesh [2013 (6) CTC 353]. 10. The contention of the learned counsel for the Petitioner is that once the complaint is filed when the offence is made out the police has to proceed to register the FIR as per the dictum laid down in Lalithakumari's case (supra). The Honourable Apex Court in Lalithakumari's case (supra) has held that if the information given to the police discloses the commission of cognizable offence, there is no other option but to register an FIR forthwith. The other con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... police has no power to call for any enquiry of any person. It is relevant to note Section 41(A) of Cr.P.C.: "41A. Notice of appearance before police officer.-- (1)The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extended to beyond the jurisdiction. Whereas Section 41-A Cr.P.C.does not restrict the police to issue a notice to any person. The restriction of the jurisdiction also taken away. Therefore, the police can very well issue notice under Section 41-A Cr.P.C. when there is reasonable complaint made or any suspicion exists that he has committed any cognizable offence. In such a view of the matter the police is always have a power to issue notice under Section 41-A Cr.P.C. to ascertain as to whether any cognizable offence is made out or not. 14. As far as the impugned notice is concerned, whether it is summons under Section 160 Cr.P.C. or Notice under Section 41-A Cr.P.C. has not been indicated. Hence, the same is liable to be quashed giving l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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