THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.3723 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-accused No.1 to quash the notice issued under Section 91 of Cr.P.C. issued against the petitioner/accused No.1 in Crime No.24 of 2023 on the file of Station House Officer, Raghnathapalli Police Station, Warangal for the offences alleged under Sections 120(B), 107, 419, 420, 468 read with Section 419 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioner-accused No.1 and learned Additional Public Prosecutor for the respondent
- State. Perused the record.
3. Learned counsel for the petitioner would submit that notice under Section 91 Cr.P.C. cannot be issued to an accused as the same is in violation of the judgment of the Hon'ble Supreme Court in Shyamlal Mohanlal Choksi Vs. State of Gujarat, wherein the constitutional Bench of 2 Hon'ble Supreme Court held that notice under Section 91 Cr.P.C cannot be invoked in respect of accused.
4. In view of the aforesaid judgment, notice issued to the petitioner under Section 91 Cr.P.C. is liable to be quashed.
5. Accordingly, the Criminal Petition is allowed and notice issued under Section 91 of Cr.P.C. issued against the petitioner/accused No.1 in Crime No.24 of 2023 Crime No.24 of 2023 on the file of Station House Officer, Raghnathapalli Police Station, Warangal, is hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
________________ K.SURENDER, J Date: 17.04.2023 tmk