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        Case ID :

        2001 (8) TMI 1440 - HC - Indian Laws

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        Territorial limits under Section 160 CrPC bar police from summoning witnesses outside the local police station area. Section 160 CrPC empowers an investigating police officer to require attendance only of a person acquainted with the facts and circumstances of the case ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Territorial limits under Section 160 CrPC bar police from summoning witnesses outside the local police station area.

                              Section 160 CrPC empowers an investigating police officer to require attendance only of a person acquainted with the facts and circumstances of the case who is within the limits of the officer's own police station or an adjoining station. The provision operates territorially and does not authorise a summons to a person residing outside that local area. As the witness was residing at Hyderabad and not within the concerned police station area at Pune or any adjoining station, the direction to attend at Pune exceeded statutory power. The summons was therefore held illegal and void, and the writ petition was allowed with costs.




                              Issues: Whether an investigating police officer can require the attendance of a witness under Section 160 of the Code of Criminal Procedure, 1973 when the witness is not residing within the limits of the police station or any adjoining station.

                              Analysis: Section 160 of the Code of Criminal Procedure, 1973 permits a police officer making an investigation to require attendance only of a person who appears acquainted with the facts and circumstances of the case and who is within the limits of his own police station or any adjoining station. The provision is territorial in its operation and does not authorise a summons to a person residing outside that local area. On the admitted facts, the petitioner was residing at Hyderabad and not within the limits of the concerned police station at Pune or any adjoining station. The direction requiring him to attend at Pune therefore exceeded the statutory power conferred by Section 160.

                              Conclusion: The summons issued to the petitioner under Section 160 of the Code of Criminal Procedure, 1973 was illegal and void, and the writ petition was allowed with costs.

                              Ratio Decidendi: A police officer conducting an investigation under Section 160 can require attendance only of a person who is within the limits of the officer's own or an adjoining police station; a summons issued beyond that territorial limit is without authority of law.


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