Police notice must be traceable to Section 160; preliminary enquiry against a suspect should proceed under Section 41-A.

Section 160 CrPC applies only to witnesses acquainted with the facts of a case and cannot be used to compel attendance of a person sought to be enquired into; the impugned police notice was therefore unsustainable because it was not clearly traceable to that provision. Where a cognizable offence is suspected on the basis of a reasonable complaint, credible information, or reasonable suspicion, the proper course is to issue notice under Section 41-A CrPC and conduct preliminary enquiry in accordance with law. The notice was quashed, leaving the police free to proceed under Section 41-A.

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Issues: Whether the impugned police notice was liable to be quashed for being issued as a summons under Section 160 of the Code of Criminal Procedure, 1973, and whether the police could instead proceed by issuing notice under Section 41-A of the Code of Criminal Procedure, 1973 for preliminary enquiry.

Analysis: Section 160 of the Code of Criminal Procedure, 1973 applies to witnesses acquainted with the facts and circumstances of the case and is confined to persons within the limits of the police station or adjoining stations. It cannot be used to require attendance of an accused. By contrast, Section 41-A of the Code of Criminal Procedure, 1973 permits issuance of notice where a reasonable complaint, credible information, or reasonable suspicion exists that a person has committed a cognizable offence, enabling the police to call for appearance and conduct preliminary enquiry. The impugned notice did not specify that it was issued under Section 160 and merely called upon the petitioners to appear with documents, which made it legally unsustainable in its present form.

Conclusion: The notice was quashed, and the police were left free to proceed by issuing notice under Section 41-A of the Code of Criminal Procedure, 1973 and conduct preliminary enquiry in accordance with law.

Ratio Decidendi: A police notice that is not clearly traceable to Section 160 cannot be sustained as a summons to a witness, and where preliminary enquiry is permissible, the proper course is to proceed under Section 41-A rather than invoke Section 160 against a person sought to be enquired into.

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