Delhi HC : Police Officer cannot Summon a Person for Investigation from Outside Territorial Limits

Delhi High Court Law Insider

Khushi Bajpai

Published on: July 17, 2022 at 19:13 IST

Justice Poonam A. Bamba single judge judgementobserved, it is clear from the straightforward interpretation of Section 160 CrPC sub-section (1) that a police officer can request information for the purposes of an investigation.

High court observed that Section 160 CrPC can be issued by an investigating officer or the police person concerned to a person residing within his own jurisdiction and at the most in the adjoining police station surrounding that police station. The section does not need not need help of dictionaries or other judgement for understanding its meaning when there is no ambiguity and it is so clearly written either within his own police station.

With the contentions raised between the parties the court held that the petitioners, being resident of Delhi and having their office address of Noida could not have been summoned under Section 160 CrPC by sub divisional police officer.

The further stated that the summons issued to them were without jurisdiction and were quashed. Additionally, the court stated this shall not come in the way of the investigating agency to examine the petitions as per law at Delhi, if the condition so required.

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