VIKAS SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a resident of Mumbai. He was named as an accused in FIR No.10, dated 21.06.2019, registered at Police Station Vigilance Bureau Flying Squad, SAS Nagar, Punjab under Sections 409, 420, 465, 467, 468, 471, 120-B IPC and Section 7, 13(1) A r/w 13(2) of Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act, 2018. He was arrested on 08.11.2019 and released on interim bail till further orders vide order dated 21.07.2020 passed by this Court in CRM-M-10265-2020. While on bail, a notice dated 02.09.2020 (Annexure P-1) was issued under Section 160 Cr.P.C. by the Vigilance Bureau Flying Squad, Punjab directing him to come present on10.09.2020 to give further information relating to the aforementioned case. This notice has been challenged in the present writ petition.

(2.) Learned counsel for the petitioner has argued that the petitioner is a resident of Mumbai and thus, the Investigating Officer of Vigilance Bureau, Punjab lacks jurisdiction to summon him under Section 160 Cr.P.C. Further, an accused cannot be asked to self incriminate one self and on this ground also the said notice is liable to be quashed.

(3.) Learned State counsel submits that the petitioner did not appear before the investigating agency when directed by it and thus, the notice was necessary.