deciding the appeal" in Sections 162 and 163 with reference to the person hearing the appeals under Section 160 , instead of the words ... power of a District Magistrate under Section 3, Control of Bent and Eviction Act or under Section 160 , Municipalities Act cannot be exercised
case even in the case of summoning witnesses under
Section 160 Cr.P.C. for recording statements;
W.P.(CRL) 55/2011 Page ... terms of Section 3(2) of the Act. Section 3(3) of the NIA Act has been
added as an abundant caution. Section
1422/08 & 152/2010 Page 1 Of 7
prayer that Section 160 of Cr.P.C be declared unconstitutional being contrary to Articles ... every
person, attending under sub-section (1) at any place other than his
residence."
3. Section 160 is falls in Part
Court assailing all the three
summons/notices issued to him under Section 160 of the Cr.P.C.
7. Mr. Vikas Pahwa, learned senior counsel ... Reading of this Section makes it abundantly clear
that notice under Section 160 Cr.P.C. can be
issued by an Investigating Officer
FERA and the customs. Section 4 is comprehensive and that Section 5 is not in derogation of Section 4(2) of the Code. it only ... applicability of Section 167 of the Code to a case to be filed under FERA. It is not denied that Section 160 and Section
adhered. If it is
demonstrated that there is violation of Section 160, then, the only
consequence that can result from such an action is release ... section applies to an accused
and even an accused can be summoned, even then, if there is non-
compliance with Section 160 CrPC, the consequence
Upon registration of the FIR, notice under
Section 160 of Cr.P.C., came to be issued to the
petitioner, copy of which is produced ... nature of the
provisions of Section 41A of Cr.P.C is reflected by the
very provisions of Section 160
Section 1 and 2 of Section 160. A reference has been made to Section
160 Cr.P.C. which is reproduced as under:
"160 ... been issued under Section
41-A of the Code of Criminal Procedure. In the aforesaid case, initially
a notice under Section 160
within the limits of the
adjoining station. Proviso to sub-section (1) of Section 160 Cr.P.C.
prohibits summoning a male person under ... persons. Therefore, the prohibition contained in the
proviso to sub-section (1) of Section 160 Cr.P.C. is not relevant to
consider
writ petition has been filed challenging a
notice under Section 160 of the Cr.P.C. in connection
with an FIR No.RC0562021S0018 ... this pandemic.
Mr. Sandipan Ganguly Ld. Senior Advocate,
submits that Section 160 of the Cr.P.C. authorizes
only a police officer within whose jurisdiction