Balvinder Singh v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM Criminal Original Petition No.18568 of 2015 and M.P.No.1 of 2015 Balvinder Singh

...Petitioner/Accused-3

vs.

Union of India rep. By Superintendent of Police Economic Offences Wing, CBI 3rd floor, Rajaji Nagar Besant Nagar, Chennai ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to quash the summons dated 18.07.2015 issued by the respondent.

For petitioner :

Mr.B.Kumar, Senior Counsel for Mr.K.P.Anantha Krishna For respondent :

Mr.K.Srinivasan, Spl.Public Prosecutor.

JUDGMENT

This Criminal Original Petition has been directed against the summons issued under Sections 91 and 160 of the Criminal Procedure Code, 1973 against the present petitioner, who has been arrayed as 3rd accused in RC.No.10/(E)/2014 of CBI/EOW/Chennai.

2. The learned counsel appearing for the petitioner contended that by invoking Section 91 of the said Code, the respondent has no power to issue the summons in question and under the said circumstances, the same is liable to be quashed. In support of the contention raised on the side of the petitioner, the decision reported in 2008 Crl.L.J.3167 [H.Mohamed Ibrahim Kaleel and Ors., Vs. State and Another] is relied upon, wherein, this Court has had an occasion to decide a similar issue and ultimately found that section 91 of the Criminal Procedure Code, 1973 cannot be exercised against the accused.

https://hcservices.ecourts.gov.in/hcservices/

3. In the instant case, the present petitioner has been arrayed as 3rd accused in RC.No.10/(E)/2014 of CBI/EOW/Chennai.

4. Considering the aforesaid factual aspects, this Court is of the view that the summons issued by the respondent is totally illegal and the same is liable to be quashed.

In fine, this Criminal Original Petition is allowed and the summons in question issued by the respondent is quashed. However, the respondent is at liberty to invoke Section 93 of the Criminal Procedure Code, 1973. Consequently, connected M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nvsri To :

The Superintendent of Police Economic Offences Wing, CBI 3rd floor, Rajaji Nagar, Besant Nagar, Chennai + 1 cc to Mr.J. Jawahar, Advocate Sr.53915 + 1 cc to Mr.K. Srinivasan, Advocate SR.53127 Crl.O.P.No.18568 of 2015 KGK(CO) EU 09.10.15 https://hcservices.ecourts.gov.in/hcservices/