Soundara Rajan vs The Deputy Superintending Police on 7 January, 2021

[Cites 3, Cited by 1]

Madras High Court

Soundara Rajan vs The Deputy Superintending Police on 7 January, 2021

Bench: N.Anand Venkatesh

                                                             1                 Crl.OP No.19699 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 07.01.2021

                                                        CORAM

                               THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                CRL.O.P.No.19699 of 2020

                     Soundara Rajan                                                       ..Petitioner


                                                             .Vs.


                     1.The Deputy Superintending Police,
                       Vandaloor Sub-Zone,
                       Chengalpattu District.

                     2.Balaraman                                                     ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to call for the records pertaining to
                     the           impugned        notice           dated       23.10.2020,         in
                     Ref.No.K2/164/1110/2020                dated           10/02/2020,        31/SP-
                     GPP/SDO/VANR/2020 and to quash the same.



                                      For Petitioners       : Mr.M.Prabhakar

                                      For R 1            : Mr.C.Raghavan
                                                           Government Advocate (Crl.Side)

                                      For R 2               : No Appearance
https://www.mhc.tn.gov.in/judis/
                                                          2              Crl.OP No.19699 of 2020

                                                      ORDER

This Criminal Original Petition has been filed questioning the summons issued by the respondent Police under Section 160 of Cr.P.C., directing the petitioner to attend for an enquiry in a complaint.

2. Heard Mr.M.Prabhakar, learned counsel for petitioner and Mr.C.Raghavan, learned Government Advocate appearing for the 1st respondent.

3.The issue involved in the present case is squarely covered by the earlier judgment of this Court in Benjamin v. The Superintendent of Police, Sivagangai District, Sivagangai and others reported in (2019) 2 LW Crl 628. This Court has categorically held that a summon under Section 160 of Cr.P.C., cannot be issued even without the registration of an FIR under Section 154 of Cr.P.C. In the present case, a summon has been issued even at the compliant stage and no FIR has been registered. Therefore, the summon issued by the respondent police cannot be sustained in the eye of law. If at all the respondent police wants https://www.mhc.tn.gov.in/judis/ 3 Crl.OP No.19699 of 2020 to issue such a summon, the same can be done only after registration of an FIR.

4.In the result, the impugned summon dated 23.10.2020, is hereby quashed and accordingly this criminal original petition is allowed.

07.01.2021 Index : Yes/No Internet: Yes/No KP To

1.The Deputy Superintending Police, Vandaloor Sub-Zone, Chengalpattu District.

2.Public Prosecutor High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ 4 Crl.OP No.19699 of 2020 N.ANAND VENKATESH.J., KP CRL.O.P.No.19699 of 2020 07.01.2021 https://www.mhc.tn.gov.in/judis/

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