ANUBRATA MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition has been filed challenging a notice under Sec. 160 of the Cr.P.C. in connection with an FIR No.RC0562021S0018. The petitioner is not accused. The notice required him to be present today at 11 am at NIT Guest House, Durgapur, West Bengal, The petitioner in reply to the notice contended that he was suffering from diverse ailments and it would be a health hazard for him to travel a distance of 58 Kms, from Bolpur to Durgapur in this pandemic.

(2.) Mr. Sandipan Ganguly Ld. Senior Advocate, submits that Sec. 160 of the Cr.P.C. authorizes only a police officer within whose jurisdiction the notice resides to summons. The Notice to appear at Durgapur is outside the Bolpur, under which PS the petitioner resides. The CBI should in deference to the sprit of 160 of the Cr.P.C. should conduct investigation at Bolpur.

(3.) Counsel of the petition next submits that his client is suspicious of the motives of the CBI and places paragraph 9 at page 5 of the writ petition which is set out herein below :-