TaxTMI 
TaxTMI 
2022 (7) TMI 1568
X X X X Extracts X X X X
X X X X Extracts X X X X
....mpany of the Petitioners herein. She lodged complaint in lieu of certain salary due to her. The police have issued summons in CSR No. 821 of 2022 for the appearance of the petitioners. 3. Learned counsel for the Petitioners mainly submitted that without registering the FIR under Section 154 Cr.P.C., the police have issued summons under Section 160 of Cr.P.C., calling upon the Petitioners who are resident of Bangalore. Hence, it is his contention that issuance of summons outside the jurisdiction of the Respondent Police is not valid in the eye of law. Only after registering the FIR, summons should be issued. Therefore, submitted that issuance of summons under Section 160 Cr.P.C. before commencing investigation is contrary to law. 4. In....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... attend at any place other than the place in which such male person or woman resides; 2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. 9. On a careful perusal of the above provision, for issuance of summons the same can be issued for attendance of witness who resides within the limit of the police station jurisdiction or any adjoining station. Further on a perusal of the Section makes it very clear that the issuance of the summons under Section 160 Cr.P.C. applies only to the cases of persons who appears to be acquainted with the facts and circumstances of the case, who....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Petitioner is that once the complaint is filed when the offence is made out the police has to proceed to register the FIR as per the dictum laid down in Lalithakumari's case (supra). The Honourable Apex Court in Lalithakumari's case (supra) has held that if the information given to the police discloses the commission of cognizable offence, there is no other option but to register an FIR forthwith. The other considerations are not relevant at the stage of registration of the FIR, such as, whether the information is falsely given, whether the information is genuine, whether the information is credible etc., These are the issues that have to be verified during the investigation. At the stage of registration of FIR, what is to be seen i....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the term....