KAUSHALYA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in this petition is to the notice dtd. 24/1/2022 whereby the summons have been issued by the Additional Superintendent of Police Mahasamund to the petitioner to appear on 31/1/2022 at Police Office Mahasamund at 11.30 a.m.

(2.) Learned counsel for the petitioner submits that on a complaint made against the petitioner and others, the Police after investigation filed a report under sec. 155 of CrPC holding it a non-cognizable offence. Thereafter, the instant notice has been issued. He would submit that without there being any offence registered, the enquiry of like nature cannot be carried out. He placed reliance on an order passed by this Court in W.P.(Cr.) No. 678 of 2020 (Rajeshwar Sharma v. State of Chhattisgarh) decided on 7/6/2021. Therefore he would submit that it amounts to arm-twisting and consequently the respondents be restrained to call the petitioner pursuant to the summons of like nature.

(3.) On earlier occasion when the case came up for hearing, the substantial reason and ground on which the notices were issued were asked from the State. Reply has been filed on behalf of the State and learned State Counsel opposes the arguments of the petitioner.