Jammu & Kashmir High Court
Thakur Ashwani Singh vs Respondent(S) on 14 October, 2024
1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(Crl) No. 68/2024
CM No. 5787/2024
Thakur Ashwani Singh .....Petitioners/Appellants
q
Through: Mr. Rahul Sharma, Advocate
vs
..... Respondent(s)
State of Punjab & Anr.
Through: None.
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
14.10.2024
01. It is submitted by learned counsel for the petitioner that he has e-mailed
copies of the petition to the respondents as per the order dated 05.10.2024 of this
Court. Learned counsel in attestation of his statement has filed a service affidavit
which is on the record of the file. There is no representation on behalf of the
respondents in the matter on today.
02. This Court has already on the first date of effective hearing of the case i.e.
05.10.2024 suo moto raised the objection of maintainability of the petition before
this Court as the complaint giving rise to the impugned notices has been filed
against the petitioner in the State of Punjab at Jalandhar. Even if the copies of the
petition are stated to have been e-mailed to the respondents, yet same cannot be
presumed to be effective notice to them of the present petition. This Court also
requested the senior law officers of the UT available in this Wing of the High
Court for their assistance in the matter who provided the same.
03. It is alleged by the petitioner that a false and frivolous complaint has been
filed by the complainant against him before the respondent no. 2 as they were the
share-holders/directors of the company, namely, Kartar Goods Carrier Private
Ltd. and a dispute had arisen between them out of the said relationship which was
already compromised.
04. Learned counsel for the petitioner further submitted that the impugned
notices issued by respondent no. 2, requiring the appearance of the petitioner
before him at Jalandhar, Punjab are in contravention of the provisions of Section
160 of Code of Criminal Procedure, 1973 (now repealed), corresponding to the
Section 179 of BNSS. He submitted that as per the aforementioned provisions of
the law, the respondent no. 2 is not competent to direct the petitioner to appear
before him in connection with an alleged complaint filed at Jalandhar, Punjab. He
further submitted that under the aforesaid provisions of law, a police officer
enquiring or investigating the matter can only summon a person residing within
the jurisdiction of its police station or at the most within the jurisdiction of an
adjoining police station but not beyond the limits of his State. It is further
contention of learned counsel for the petitioner that a valuable legal right of the
petitioner stands infringed within the territorial limits of this Court as he is a
resident of Gandhi Nagar, Jammu and has received the impugned notices over
here. He further submitted that memorandum of understanding in respect of the
earlier dispute was also executed at Jammu within the jurisdiction of this Court.
05. Learned counsel further submitted that petitioner apprehends his arrest at
the hands of respondent no. 2 at Jalandhar, Punjab and, in case, the same happens,
his Fundamental Right to liberty shall stands curtailed without any sort of
involvement or illegality on his part.
06. Learned counsel for the petitioner in response to the issue, suo moto raised
by this Court regarding the maintainability of the instant petition, made reliance
on the judgments dated 07.12.2021 and 08.07.2022 of the High Court of Delhi at
New Delhi passed in "Directorate of Enforcement & Ors. Vs. State of West
Bengal & Ors" W.P.(CRL) 1768/2021 & CRL. M.A. 14550/2021 and "Jamshed
Adil Khan & Anr. Vs. UT of J&K & Anr". W.P. (CRL.) 976/2022. Learned
counsel in support of his contentions also placed reliance on the judgment dated
21.04.2022 of the High Court of Culcutta passed in "Bandana Sarkar vs. State of
West Bengal & Ors" WPO/2001/2022.
07. Registry is directed to issue formal notices in the case to the respondents
along with copies of petition and the documents in connection whereof the
petitioner shall take steps within one week.
08. List on 14.11.2024.
09. In the meantime, subject to any vacation/modification upon the
consideration of objections/arguments and till next date of hearing before the
Bench, respondent no. 2 is restrained to summon the petitioner to Jalandhar,
Punjab in connection with the alleged complaint pending before him, however,
without prejudice to his powers under law to proceed on the pending complaint
strictly in accordance with law.
(Mohd. Yousuf Wani)
Judge
Jammu
14.10.2024
Abinash
