MANICKA REDDY Vs. STATE

JUDGEMENT

(1.) THE question of law that arises for consideration in this criminal revision case is not covered by any authority. The question is, whether the Police can issue summons to any person in the course of an investigation relating to proceedings arising under part IV of the Criminal Procedure Code for prevention of offences.

(2.) THE petitioners were summoned by the police under Section 160 Crl. P. C. to appear for an enquiry into a petition under Section 145 Crl. P. C. filed by one Sella Songayya Kilari before the Executive First Class Magistrate, Tiruvallur. The petitioners failed to appear and they were duly prosecuted for an offence under Section 174 I. P. C. A preliminary objection was raised by the petitioners and it was overruled by an order of the Sub Magistrate, Ponneri and the present petition has been filed to revise that order.

(3.) SECTION 160 Crl. P. C. empowers a police officer making an investigation under Ch. XIV of the Criminal Procedure Code, to issue summons requiring the attendance of witnesses within certain limits. The object of the Legislature in enacting the section is to give powers to a police officer to secure evidence with regard to a crime which he is investigating under Chapter XIV Crl. P. C. This power can hardly be invoked for any investigation or enquiry by the police in respect of a proceeding under Section 145 Crl. P. C. which is one of the sections in part IV of the Criminal Procedure Code, dealing with prevention of offences. But for the provision contained in Section 160 Crl. P. C. , the police will ordinarily have to go to the persons who are acquainted with the circumstances of the case without sending for them. It is clear from the proviso added to Section 160 Crl. P. C. by Act 26 of 1955, that the police cannot exercise the powers conferred under that section when the persons required to attend is under the age of 15 years or a woman. This proviso was introduced, as the power of summoning persons by the police for investigation of crimes was liable to be abused and that woman and children should not be put to indignity or inconvenience by being detained in police stations for long hours. It is significant to note that the police have not been given, powers to summon witnesses during investigation in respect of proceedings under any of the Chapters of Part IV Crl. P. C. , dealing with prevention of offences, unlike in; the case of investigation of offences under; Chapter XIV Crl. P. C. In the absence of such powers, the petitioners can ignore the f summons and the prosecution of the petitioners can ignore the summons and the t prosecution of the petitioners for the offencefi1 under Section 174 I. P. C. cannot be sustained.