SATISH MOHAN AGARWAL Vs. UOI

JUDGEMENT

(1.) By this common order, I shall dispose of the above two writ petitions preferred by the petitioners. The writ petition no. 152 of 2010 has been filed by the petitioners with prayer that Section 160 of Cr.P.C be declared unconstitutional being contrary to Articles 14 and 21 of the Constitution of India as it conferred unbridled powers on a lowest rank of police official and lays down no guidelines for exercise of the powers of issuing notice so as to ensure that there was no misuse or abuse of power. It is submitted that Section 160 Cr.P.C was also violative of Article 21 of the Constitution of India as it encroaches upon the liberty of a citizen. The facts stated in the petition are peculiar to the petitioners and not relevant in considering the question whether Section 160 Cr.P.C is unconstitutional or not. The constitutionality of Section 160 has to be considered per se. The petitioners also prayed for quashing notices dated 21 st January 2010 under Section 160 Cr.P.C issued by the respondents No.4 in RC-3 (E) 2006/EOW-1/DLI registered at the instance of respondent no.3 at police station EOW.

(2.) Section 160 Cr.P.C reads as under:

(3.) Section 160 is falls in Part-XII of Cr.P.C which deals with information to the police and their powers to investigate. Under section 154 Cr.P.C whenever an information regarding commission of a cognizable offence is given either orally or in writing to officer in charge of a police station, the same is to be reduced into writing by him or under his directions and entered into a book to be kept for this purpose at the police station. This record of information is called the first information report and once an information is recorded, Section 156 Cr.P.C obliges and casts a duty upon the officer in charge of the police station either to personally investigate the cognizable offence disclosed to have been committed as per the information or to assign this investigation to a police officer working under him. Section 157 Cr.P.C obliges the incharge of police station (SHO) to send a copy of this information forthwith to the area magistrate as well and to proceed with the investigation personally or send some person for this purpose. Section 160 Cr.P.C empowers a police officer doing investigation under Chapter XII of Cr.P.C to require attendance before him of any person within the limits of his own police station or adjoining police station, who in his opinion appears to be acquainted with the facts and circumstances of the case. Thus, Section 160 Cr.P.C enables a police official to investigate the crime by calling such persons who have some kind of knowledge about the crime. Section 160 specifies that only a police official assigned with the investigation, can issue the notice only to any person. Thus power under Section 160 Cr.P.C of issuing notice is a power exercised in investigation of a crime and to know the facts and circumstances of the case from those who are acquainted with the facts and circumstances of the case. Notice under Section 160 Cr. P.C can be issued to any witness and even to a suspect, so as to know from him the facts and circumstances of the case so that an effective investigation can be done of the crime committed. Thus, there is no question of infringement of any right of a person much less fundamental right. It is settled law that the power of investigating of a crime is a statutory right of the police and the court cannot interfere into this right of the police.