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2010 (12) TMI 1292 - HC - Indian Laws

Issues involved: Jurisdiction of police officer u/s 160 of Code of Criminal Procedure to require attendance of a person for investigation outside his jurisdiction.

In this case, the petitioner, an Engineer at Hindustan Machine Tools Ltd., filed a petition u/s 482 of the Code of Criminal Procedure to quash an Annexure-3 notice issued by the Deputy Superintendent of Police, Crime Detachment, Thiruvananthapuram Rural, directing the petitioner to appear before his office for an enquiry related to a missing person case.

The court noted that u/s 160 of the Code of Criminal Procedure, a police officer conducting an investigation can require the attendance of a person within his own or adjoining station who is acquainted with the facts of the case. However, since the petitioner is a resident and works in Ernakulam, which is outside the jurisdiction of the Deputy Superintendent of Police, the notice directing the petitioner to appear before him in Thiruvananthapuram was beyond the officer's powers.

Therefore, the court allowed the petition and quashed the Annexure-3 notice. It was clarified that while the notice was quashed, the Investigating Officer still has the authority to question the petitioner and record his statement, but he must approach the petitioner for this purpose.

 

 

 

 

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