Madras High CourtCRL OP/19699/2020allowed

Soundararajan v. The Deputy Superintendent Of Police

2021-01-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.19699 of 2020 Soundara Rajan ..Petitioner .Vs.

1.The Deputy Superintending Police, Vandaloor Sub-Zone, Chengalpattu District.

..1stRespondent/Complainant 2.Balaraman ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned notice dated 23.10.2020, in Ref.No.K2/164/1110/2020 dated 10/02/2020, 31/SPGPP/SDO/VANR/2020 and to quash the same. For Petitioners: Mr.M.Prabhakar For R 1 : Mr.C.Raghavan Government Advocate (Crl.Side) For R 2 : No Appearance

O R D E R

This Criminal Original Petition has been filed questioning the summons issued by the respondent Police under Section 160 of Cr.P.C., directing the petitioner to attend for an enquiry in a complaint.

2. Heard Mr.M.Prabhakar, learned counsel for petitioner and Mr.C.Raghavan, learned Government Advocate appearing for the 1st respondent.

3.The issue involved in the present case is squarely https://hcservices.ecourts.gov.in/hcservices/

covered by the earlier judgment of this Court in Benjamin v. The Superintendent of Police, Sivagangai District, Sivagangai and others reported in (2019) 2 LW Crl 628. This Court has categorically held that a summon under Section 160 of Cr.P.C., cannot be issued even without the registration of an FIR under Section 154 of Cr.P.C. In the present case, a summon has been issued even at the compliant stage and no FIR has been registered. Therefore, the summon issued by the respondent police cannot be sustained in the eye of law. If at all the respondent police wants to issue such a summon, the same can be done only after registration of an FIR.

4.In the result, the impugned summon dated 23.10.2020, is hereby quashed and accordingly this criminal original petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Deputy Superintending Police, Vandaloor Sub-Zone, Chengalpattu District.

2.Public Prosecutor High Court, Chennai.

+2ccs Mr.B.Mohan, Advocate, Sr.No. 1142 CRL.O.P.No.19699 of 2020 RSI(CO) RMP(27/01/2021) https://hcservices.ecourts.gov.in/hcservices/