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High Court of DelhiW.P.(CRL)/2020/2024

Kiran Bhasin v. State Of Haryana

2024-07-08Hon'Ble Mr. Justice Amit Mahajan2 pages

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2020/2024 & CRL.M.A.

19615/2024, CRL.M.A. 19616/2024 KIRAN BHASIN .....Petitioner Through:

Mr. Karan Suneja, Adv.

versus STATE OF HARYANA .....Respondent Through:

Mr. Sumit Kumar Sharma, Panel Counsel with Mr.

Vaibhav Yadav, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 08.07.2024 1.

The present petition is filed seeking quashing of the notice dated 04.07.2024, issued to the petitioner by Ambala City Police Station.

2.

The learned counsel for the petitioner submits that under Section 160 of the CrPC, a police officer can require the attendance, by an order in writing, of only such a person who resides within his jurisdiction or any adjoining station. 3.

He submits that the issue is no longer res integra and has been decided in many cases.

4.

The learned counsel for the respondent / State of Haryana, submits that the notice was issued on 04.07.2024, requiring the petitioner's attendance on 05.07.2024.

5.

He submits that the notice does not survive and any action that would be taken in future would be in accordance with the applicable law.

6.

Prima facie, there is merit in the argument raised by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:42:59

learned counsel for the petitioner that the police officers of Ambala City Police Station have no jurisdiction to seek attendance of a person, exercising power under Section 160 of the CrPC, if the person does not reside within the local limits or the adjoining area.

7.

However, as stated by the learned counsel for the respondent, the notice itself does not survive. In view of the same, this Court does not consider it apposite to pass any further directions at this stage.

8.

The present petition is, therefore, disposed of in the aforesaid terms.

9.

The petitioner is at liberty to file appropriate proceedings in case any such notice is received in future or in case any grievance remains.

AMIT MAHAJAN, J JULY 8, 2024 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:42:59