Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi High Court

The Delhi High Court has observed that summons or notices under Section 160 of the Code of Criminal Procedure can be issued by a Police Officer in order to set investigation into motion and that registration of FIR is must for the same.

Section 160 CrPC provides for a Police officer's power to require attendance of witnesses.

Justice Chandra Dhari Singh made the said observation while answering the question as to on what stage a notice under Section 160 of Code can be issued.

The Court observed that without registration of FIR, an investigation cannot be said to have been initiated. Furthermore, it said that even for an enquiry to be held legal and valid, the Police Officer has to act in accordance with provisions of the CrPC and he may not act beyond his powers by conducting a preliminary enquiry without making a report to a Magistrate.

The Court thus quashed three summons issued by Deputy Captain Police, Cyber Crime against Kulvinder Singh Kohli, Founder and Non-Executive Chairman of Frankfinn Aviation Services Pvt. Ltd. He had received summons from the concerned authority in connection with complaint made by one Rajbikramdeep Singh and his son Munjanpreet Singh.

The complaint contained allegations against Kohli and one Harvansjit Singh, for offences under sec. 153A, 501, 504, 505, 295A, 506 of the Indian Penal Code, 1860 and sec. 67 of the Information Technology Act, 2000.

It was argued by Senior Advocate Vikas Pahwa appearing for the petitioner that the summons dated 25th January, 2022 was the first correspondence received by him from the concerned authority and that there was no other communication received by him prior to it.

It was added that Kohli, vide his reply dated 27th January, 2022, intimated the concerned authority that neither had he received the first notice or summons nor did the summons contained any copy of the application with respect to which the summons were issued.

It was argued that Kohli then requested the authority to provide him with a copy of the application, however, instead of providing the copy of the application/complaint, it sent the second summons to him despite the his assurance of rending full cooperation in the inquiry.

It was further argued that the impugned summons were without jurisdiction since the said summons under sec. 160 of Cr.P.C. were issued by the concerned Police Station from District S.A.S. Nagar, whereas, Kohli, who lived in Delhi, did not fall within the jurisdiction of the said Police Station.

On the other hand, the prosecution argued that Kohli, in sheer abuse of his rights, ha: approached the Court by way of filing the petition seeking quashing of the impugned notices under sec. 160 of the Cr.P.C. instead of joining enquiry.

It was submitted that the notices or summons were issued against the petitioner by adopting proper procedure of law and in compliance of orders passed by the High Court of Punjab and Haryana.

The Court observed that in the present matter, it cannot be said that either an investigation or an enquiry was validly or legally being carried out by the concerned authority even for the limited purposes of issuing a notice under sec. 160 of the Cr.P.C.

"The provision says that a Police Officer making investigation may require attendance of "any person being within the limits of his own or any adjoining station", thereby, clearly and unequivocally setting limits to the jurisdiction within which the police officer is permitted to act," the Court said.

The Court noted that the notice under sec. 160 of the Cr.P.C. was issued to the petitioner at his correspondence address at Gurugram, Haryana.

"Both these addresses are evidently outside and beyond the territorial limits of the concerned Police Station S.A.S. Nagar. The bar of jurisdiction under Section 160 of the Cr.P.C. is indisputably applicable to the instant matter and in such a case, the notice issued can rightly be said to be issued without jurisdiction," the Court added.

The Court thus concluded that the notice under sec. 160 of the Cr.P.C. was not issued at the right stage by the authority since, he could not have been said to be conducting investigation under the Cr.P.C. without the registration of FIR for the purpose of issuance of the notice.

It was added that the summons or notices were issued without jurisdiction from the concerned authority in S.A.S. Nagar, Mohali, Punjab to the petitioner residing beyond its own station as well as any adjoining station.

Thus the petition was allowed.

Case Title: KULVINDER SINGH KOHLI v. STATE OF NCT OF DELHI & ORS

Citation: 2022 LiveLaw (Del) 577

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