Madhya Pradesh High Court
Ajay Tidke vs The State Of Madhya Pradesh on 2 January, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 2 nd OF JANUARY, 2023
WRIT PETITION No. 30173 of 2022
BETWEEN:-
1. AJAY TIDKE S/O LATE BRIJLAL TIDKE, AGED ABOUT 38
Y E A R S , OCCUPATION: UNEMPLOYED CHINDIKUAAN
CHOWKI KINHI KIRNAPUR DISTRICT BALAGHAT
(MADHYA PRADESH)
2. SHIVAJI @ SHIVJEET CHILE S/O MAYARAM CHILE, AGED
ABOUT 28 YEARS, OCCUPATION: UNEMPLOYED R/O DORLI
LANJI DISTRICT BALAGHAT PIN 481222 (MADHYA
PRADESH)
3. MANOJ SONEKAR S/O LATE TEKLAL SONEKAR, AGED
ABOUT 33 YEARS, OCCUPATION: UNEMPLOYED R/O KINHI
KIRNAPUR DISTRICT BALAGHAT PIN 481115 (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ KUMAR DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY HOME DEPARTMENT
GOVERNMENT OF MADHYA PRADESH VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE
DISTRICT BALAGHAT PIN 481001 (MADHYA PRADESH)
3. ADDITIONAL SUPERENTENDENT OF POLICE ANTI NAXAL
OR GAN ISATION DISTRICT POLICE OFFICE DISTRICT
BALAGHAT PIN 481001 (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the court passed the following:
ORDER
Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/4/2023 12:37:10 PM 2 This petition is filed by the petitioners under Article 226 of Constitution of India, questioning the validity of notices issued to them by the respondents. They are also seeking quashment of the same on the ground that the same is illegal and issued without any jurisdiction.
As per the facts of the case, petitioners have been made accused in a crime No.151/22 for the offence of Section 21(1), 21(2) and 21(3) of Banning of Unregulated Deposit Scheme Act, 2019 and Sections 420, 406 & 120-B of IPC.
It is submitted by counsel for petitioners that charge-sheet has been filed against petitioners and some accused persons. He further submits that petitioners have also been granted bail by the High Court but despite that notices (Annexures-P-1 to P-8) have been issued to them under Section 160 of Cr.P.C which are impugned in this petition. He submits that once charge-sheet has been filed against accused persons, then no notice under Section 160 of Cr.P.C can be issued. By drawing attention of this Court towards the language of Section 160 of Cr.P.C, he submits that impugned notices issued to the petitioners in the respective crime number in which charge-sheet has been filed is without jurisdiction and, therefore, the same are required to be quashed.
For ready reference of this Court Section 160 of Cr.P.C is quoted herein below:-
1 6 0 . Police officer's power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person [under the age of fifteen years above the age of sixty-five years or woman mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/4/2023 12:37:10 PM 3 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.
Per contra, counsel for State has apprised this Court that other offences of similar nature in different crime numbers have also been registered against some of the accused persons. He submits that charge- sheet has been filed in respect of some of the accused but not against all and investigation is still pending with regard to other accused who have not been arrested by the police and, therefore, for collecting the information or evidence against those accused, present petitioners have been issued notices by the investigating agency under Section 160 of Cr.P.C.
I have heard the submissions made by counsel for parties and perused Section 160 of Cr.P.C.
There is no defect in the notices issued to the petitioners under Section 160 of Cr.P.C by the respondents-prosecution agency under the existing circumstance because investigation is still going on against some accused persons and complete charge-sheet has not been filed against them, therefore, petitioners can be issued notices asking them to assist the prosecution and to complete the investigation in respect of other accused persons.
However, it is made clear that if petitioners have already been arrested in the respective crime number which is mentioned in the notice of Section 160 of Cr.P.C, they may not again be arrested by the police in the said crime number but if offences are registered in different crime numbers, then the police authorities may proceed further in the investigation and if arrest is required, the same can also be done.
This petition is not fit for admission, the same is accordingly disposed of.
Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/4/2023 12:37:10 PM 4(SANJAY DWIVEDI) JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 1/4/2023 12:37:10 PM