Court rules police can't summon witness outside jurisdiction.

The court ruled in favor of the petitioner in a case questioning the police's authority to summon a witness residing outside their jurisdiction for investigation. The court held that under Section 160 of the Code of Criminal Procedure, police officers can only require the attendance of persons within their jurisdiction or any adjoining station. As the petitioner resided in Hyderabad, far from the police station in Pune, the summons issued to him was deemed invalid. A Writ of Mandamus was granted, declaring the police's actions as illegal and void, emphasizing the importance of jurisdictional boundaries for summoning witnesses.

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Issues:
1. Whether an investigating police officer has the power to require the attendance of a witness residing outside his jurisdictionRs.

Analysis:
The case involved a writ petition questioning the authority of the police to summon a witness residing outside their jurisdiction for investigation. The petitioner, a resident of Hyderabad, was summoned by the police in Pune multiple times for investigation related to a criminal case. The petitioner argued that the police had no power under Section 160 of the Code of Criminal Procedure to require his attendance since he was not residing within the limits of the police station or any adjoining station of the investigating officers.

The court examined Section 160(1) of the Code of Criminal Procedure, which allows a police officer to require the attendance of a person acquainted with the case within the limits of his own or any adjoining station. The provision mandates that the person summoned should be within the jurisdiction of the investigating officer. The court emphasized that the purpose of summoning a witness is for interrogation or other investigation-related activities.

Citing a previous decision by the Delhi High Court, the court reiterated that the power of the police to summon a person is limited to those residing within their jurisdiction. The court highlighted that the petitioner resided in Hyderabad, far from the jurisdiction of the police in Pune, making the summons issued to him invalid under Section 160 of the Code of Criminal Procedure.

Consequently, the court allowed the writ petition, ruling in favor of the petitioner. A Writ of Mandamus was issued, declaring the actions of the police in summoning the petitioner from Hyderabad to Pune for investigation as illegal and void. The judgment clarified the limitations on the power of investigating officers to require the attendance of witnesses, emphasizing the importance of jurisdictional boundaries in such matters.

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