MATHEWS PETER Vs. ASST POLICE INSPECTOR

JUDGEMENT

(1.) The short question that arise for consideration in this writ petition is :

(2.) Whether an investigating police officer has power to require attendance of a witness who is not residing within the limits of his police station or in any adjoining station?

(3.) The facts giving rise to this question may now, briefly be stated : The petitioner is a resident of Hyderabad city. Mr. N.K. Gaikwad, Sub-Inspector of Police, Crime Branch II, Pune city i.e. the 2nd respondent herein had issued summons dated 24-9-1998 under Section 160 of the Code of Criminal Proceudre, informing the petitioner that an investigation was going on by Samarth Police in Crime No. 3 of 1998 under Sections 420, 468, 471 34, 109 and 120-B of the Indian Penal Code and in that connection the presence of the petitioner was required for further investigation and, therefore, he should be present before him at Urvasi hotel, Punjagutta, Hyderabad at Room No. 317 on 25-9-1998 at 10 p.m. On service of the said summons, the petitioner appeared before the said Sub-Inspector of Police on 25-9-1998 at Urvasi hotel at the appointed time and then his statement was recorded. Thereafter another summons dated 28-9-1998 under Section 160 of the Code of Criminal Procedure was served on the petitioner calling upon him to appear before the said Sub-Inspector of Police, at Pune, at his office on 2-10-1998 at 11 a.m. for further investigation. Then the petitioner sent a telegram pleading his inability to appear before the said Sub-Inspector of Police on 2-10-1998 at Pune. Thereupon the petitioner was asked to attend before the said Sub-Inspector of Police, at Pune, on 12-10-1998 at 11 a.m. Then, the petitioner went at Pune along with his advocate and attended the office of Crime Branch II on 12-10-1998. It appears that on that date, the said N.K.Gaikwad, Sub-Inspector of Police was out of Pune city. Since the petitioner was not able to ascertain, in spite of his best efforts, that when the said N.K. Gaikwad would return to Pune City, he came back to Hyderabad. Sometime thereafter, the said N.K. Gaikwad was transferred Sri S.R. Kulkarni Assistant Police Inspector Crime Branch II, Pune i.e., the 1st respondent herein, who came in his place, issued summons dated 5-12-1998, under Section 160 of the Code of Criminal Procedure asking the petitioner to attend before him in his office at Pune on 21-1-1999 at 11 a.m. Finding it difficult to attend before the said S.R. Kulkarni, at Pune on that date, the petitioner addressed a letter explaining the reasons and requesting him to punish a copy of the F.I.R. in Crime No. 8 of 1998.