The Court observed that investigation is already ongoing in a related case. It directed that if the Investigating Officer requires the petitioner's presence, a fresh notice under Section 160 Cr.P.C. may be issued with reasons, and the petitioner shall not be unnecessarily detained.
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CRLMP NO. 819 OF 2020
Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
04 12.10.2020
Heard learned counsel for the petitioner and Mr. Swayambhu Mishra, learned Addl. Standing Cousnel for the State-opposite parties.
Mr. Swayambhu Mishra, learned Addl. Standing Counsel for the State-opposite parties, on instruction, submits that pursuant to the complaint lodged by the petitioner, Balianta P.S. Case No. 175 of 2020 has already been registered and investigation into the matter is going on.
In that view of the matter, nothing remains to be adjudicated in the CRLMP. So far as the allegation with regard to the notice issued under Section 160 Cr.P.C., this Court observes that the Investigating Officer, if requires presence of the petitioner, may issue fresh notice under Section 160 Cr.P.C. stating the reasons for issuance of such notice. The petitioner shall not be unnecessarily detained in the Police Station in the garb of such notice.
The CRLMP is disposed of accordingly, with the aforesaid observations.
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bks
2
2 issues framed by the court
Whether to permit fresh summons under Section 160 Cr.P.C. in a case where investigation is already underway.
Whether the petitioner shall be unnecessarily detained pending such notice.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
