Soundara Rajan vs The Deputy Superintending Police
2021 Latest Caselaw 613 Mad

                                                             1                 Crl.OP No.19699 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 07.01.2021

                                                        CORAM

                               THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                CRL.O.P.No.19699 of 2020

                     Soundara Rajan                                                       ..Petitioner


                                                             .Vs.


                     1.The Deputy Superintending Police,
                       Vandaloor Sub-Zone,
                       Chengalpattu District.

                     2.Balaraman                                                     ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to call for the records pertaining to
                     the           impugned        notice           dated       23.10.2020,         in
                     Ref.No.K2/164/1110/2020                dated           10/02/2020,        31/SP-
                     GPP/SDO/VANR/2020 and to quash the same.



                                      For Petitioners       : Mr.M.Prabhakar

                                      For R 1            : Mr.C.Raghavan
                                                           Government Advocate (Crl.Side)

                                      For R 2               : No Appearance
https://www.mhc.tn.gov.in/judis/
                                                          2              Crl.OP No.19699 of 2020

                                                      ORDER

This Criminal Original Petition has been filed questioning

the summons issued by the respondent Police under Section 160

of Cr.P.C., directing the petitioner to attend for an enquiry in a

complaint.

2. Heard Mr.M.Prabhakar, learned counsel for

petitioner and Mr.C.Raghavan, learned Government Advocate

appearing for the 1st respondent.

3.The issue involved in the present case is squarely

covered by the earlier judgment of this Court in Benjamin v. The

Superintendent of Police, Sivagangai District, Sivagangai and others

reported in (2019) 2 LW Crl 628. This Court has categorically held

that a summon under Section 160 of Cr.P.C., cannot be issued

even without the registration of an FIR under Section 154 of

Cr.P.C. In the present case, a summon has been issued even at

the compliant stage and no FIR has been registered. Therefore,

the summon issued by the respondent police cannot be

sustained in the eye of law. If at all the respondent police wants https://www.mhc.tn.gov.in/judis/

to issue such a summon, the same can be done only after

registration of an FIR.

4.In the result, the impugned summon dated

23.10.2020, is hereby quashed and accordingly this criminal

original petition is allowed.

07.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Deputy Superintending Police, Vandaloor Sub-Zone, Chengalpattu District.

2.Public Prosecutor High Court, Chennai.

https://www.mhc.tn.gov.in/judis/

N.ANAND VENKATESH.J.,

KP

CRL.O.P.No.19699 of 2020

07.01.2021

https://www.mhc.tn.gov.in/judis/