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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 ..... d 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 resident of Bangalore. Hence, it is his contention that issuance of summons outside the jurisdiction of the Respondent Police is not valid in the eye of law. Only after registering the FIR, summons should be issued. Therefore, submitted that issuance of summons under Section 160 Cr.P.C. before commencing investigation is contrary to law. 4. In support of his submissions he also placed rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 of witness who resides within the limit of the police station 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fence 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 considerations are not relevant at the stage of registration of the FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc., These are the issues that have to be verified during the investigation. At the stage of registration of FIR, what is to be seen is merely whether the information given ex facie discloses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter 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 liberty to police to issue notice under Section 41-A Cr.P.C and to conduct preliminary enquiry as per the guidelines set out in the judgment of the Apex Court in Lalithakumari's Case (Supra). 15. In such a view of the matter, the impugned notice is quashed. Criminal Original Petition is ordered. Police is at liberty to issue notice under Section 41-A Cr.P.C. and proceed as stated above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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