LOVISH KATHURIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this writ petition for quashing notice dated 22.08.2020 (Annexure P-2) under Section 160 Cr.P.C. issued by Criminal Intelligence Unit, DCB, CID, Crime Branch, Mumbai as well as notice dated 02.09.2020 issued under Section 41-A Cr.P.C.

(2.) The Mumbai police has registered a case namely DCB CR No.108/2020 under Sections 417, 419, 420, 465, 467, 468, 471, 201, 34 of IPC read with 43(a), 66, 66C, 66D of Information Technology Act, 2000 against certain persons. The notices aforementioned have been issued in relation to the said case. The allegations in the case are that certain persons have misused social platforms for creating fake identities for promotion of a song sung by Aditya Prateek Singh Aka Badshah.

(3.) Learned counsel for the petitioner has submitted that notice dated 22.08.2020 (Annexure P-2) is illegal and without jurisdiction as the said notice could only be issued to summon a witness residing within the territorial jurisdiction of the concerned police station or any adjoining police station. The petitioner is a resident of Sri Muktsar Sahib and could not have been summoned under Section 160 Cr.P.C. Regarding the notice under Section 41-A Cr.P.C, it has been argued that the said notice was issued during the pendency of the writ petition. There is no material available with the police to nominate the petitioner as an accused and thus, the said notice is malafide.