Madras High Court
A.P.Vijayaragavan vs The State Rep By on 28 March, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
Crl.O.P..No.6894 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.6894 of 2023
A.P.Vijayaragavan ... Petitioner
Vs.
1.The State Rep by
The Sub – Inspector of Police,
Arni Town Police Station,
CSR No.859 of 2022.
2.Smt.Thanjiyammal ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to call for the records relating to the case in CSR No.859/2022 pending on the
file of the Sub Inspector of Police, Arni Town Police Station, Arni,
Thiruvannamalai District, the first respondent/complainant herein and quash
the summons dated 14.02.2023 thereon issued to the petitioner/2nd respondent
herein.
For Petitioner : Mr. G.Saravanan
For Respondents : Mr.S.Santhosh
Government Advocate (Crl. Side)
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Crl.O.P..No.6894 of 2023
ORDER
This Criminal Original Petition is filed to call for the records relating to the case in CSR No.859 of 2022, pending on the file of the Sub Inspector of Police, Arni Town Police Station, Arni, Thiruvannamalai District and quash the summons dated 14.02.2023 thereon issued to the petitioner.
2.It is the submission of the learned counsel for the petitioner that petitioner received summon under Sections 160 (1) & 91 Cr.P.C. asking the petitioner to appear for enquiry on 21.02.2023. This summon, according to the learned counsel for the petitioner is against law for the reason that summon under Section 160 (1) cannot be issued before registration of FIR. In support of his submission, he produced the order of this Court passed in Rajarishi and three others Vs. State of Tamil Nadu and one another in Crl.O.P.No.16226 of 2022 dated 13.07.2022 for the proposition that if no crime is registered in terms of Section 154 Cr.P.C., no summons can be issued under Section 160 Cr.P.C.
3.The learned Government Advocate (Crl.Side) submitted that one Thanjiyammal gave complaint against the petitioner alleging fabrication of general power of attorney deed and then the sale deed in favour of his mother 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P..No.6894 of 2023 Lakshmi. Thereafter, it is alleged that patta in respect of the properties had been changed on the basis of this fabricated documents. Only in connection with that, summons had been issued under Sections 160 (1) & 91 Cr.P.C..
4.Considered the rival submissions and perused the records.
5.It is no doubt that in a series of orders, this Court observed that if no FIR is registered in terms of Section 154 Cr.P.C., no summons can be issued under Section 160 Cr.P.C. However, in the case before hand, summons had been issued not only under Section 160 (1) Cr.P.C., but also under Section 91 Cr.P.C. Section 91 Cr.P.C. reads as follows:
91. Summons to produce document or other thing.
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation,inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P..No.6894 of 2023 him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
As per this Section, if any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it. Therefore, this Court is of the view that proper 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P..No.6894 of 2023 summons/written order describing the documents or things required to be produced for the purpose of investigation or enquiry can be issued under Section 91 Cr.P.C. even before the registration of the FIR.
6.In this view of the matter, the summons issued by the first respondent police dated 14.02.2023 is quashed and liberty is given to the respondent police to issue proper summons/written order as indicated above under Section 91 Cr.P.C. for the production of documents or things, which are in the possession of petitioner.
7.Accordingly, this Criminal Original Petition is disposed of.
sli 28.03.2023
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
To:
1.The Sub – Inspector of Police,
Arni Town Police Station,
Arni, Thiruvannamalai District.
CSR No.859 of 2022.
2.The Public Prosecutor,
High Court of Madras.
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Crl.O.P..No.6894 of 2023
G.CHANDRASEKHARAN, J.
sli
Crl.O.P. No.6894 of 2023
28.03.2023
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