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2009 (7) TMI 1339 - GAUHATI HIGH COURTTerritorial Jurisdiction of police officer - Validity of notices issued u/s 160/91 CrPC - Seeking personal attendance of witnesses to produce document or other thing - Petitioners, who are residing in New Delhi, to appear before C.I.D. Headquarters, at Shillong - HELD THAT:- So read Section 160 CrPC, it becomes clear that such police officer making the investigation can enforce the attendance of a person acquainted with the facts arid circumstances only if the latter resides within the limits of his own police station or adjoining station. If the person being summoned does not reside within the limits of the police station of the police officer making the investigation or, at any rate, within the limits of the adjoining police station, it appears that such police officer cannot enforce his attendance even though he may be acquainted with the facts and circumstances of the case being investigated by him. Consequently, this writ petition succeeds. The impugned notices issued by the respondent No. 6 to the petitioners u/s 160, Cr.P.C. are hereby quashed. No further notice u/s 160, Cr.P.C. shall be issued by him upon the petitioners hereafter to enforce their attendance from Delhi as witnesses in connection with Laban P.S. Case No. 63(11)04. Insofar as the notice u/s 91, Cr.P.C. is concerned, it is hereby declared that the personal attendance of the petitioners before the respondent No. 6 is not necessary merely for production of the documents required by him in connection with that case. However, there shall be no costs.
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