Ram Chandra Panda & Anr. Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court disposed of a revisional application seeking quashing of notices issued under Section 160 of the Code of Criminal Procedure (Cr.P.C.) in connection with a criminal case registered at Contai Police Station under various provisions of the Indian Penal Code, including Sections 406, 409, 420, 467, 468, 471, 477A and 120B.
The petitioners challenged notices dated 04.07.2022, 05.07.2022, 23.07.2022, 06.08.2022 and 07.08.2022 issued under Section 160 Cr.P.C. They contended that the investigating agency was misusing such notices by summoning individuals as witnesses or persons acquainted with the facts of the case and subsequently arresting them during examination. In support of this apprehension, the petitioners relied upon the arrest of another individual in the same case after he had complied with a notice issued under Section 160 Cr.P.C.
The State opposed the application, arguing that issuance of notices under Section 160 Cr.P.C. formed an integral part of investigation and was authorized by law. It was submitted that quashing such notices would interfere with the investigation process and impede the collection of evidence. The defacto complainant also supported this position, contending that notices issued in accordance with law could not be treated as an abuse of process.
