Case Note & Summary
The petitioner, Shri Anirudha S. Bhagat, a resident of Mumbai, challenged summonses issued by the Investigating Agency in Daman under Section 160 of the Code of Criminal Procedure, 1973 (CrPC). The summonses required him to produce original designs of a bridge over the Damanganga river in Daman that had collapsed on 28 August 2003, resulting in the deaths of about 25-30 people. The FIR was lodged under Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, and Sections 304A, 337, and 338 of the Indian Penal Code. The petitioner contended that the Investigating Agency had no jurisdiction to issue summons under Section 160 CrPC to a person residing outside the territorial limits of the police station, and that summons for production of documents could only be issued under Section 91 CrPC, not Section 160 CrPC. The respondents argued that the summons was valid. The court analyzed the provisions of Section 160 CrPC, which allows a police officer to require attendance of persons within the limits of his police station who are acquainted with the facts of the case. The court held that Section 160 CrPC does not empower a police officer to summon a person residing outside those limits. For production of documents from such persons, the appropriate provision is Section 91 CrPC, which can be invoked by the court or the police officer during investigation. The court quashed the summonses, allowing the petition.
Headnote
A) Criminal Procedure - Summons for Production of Documents - Territorial Jurisdiction - Section 160, 91 Code of Criminal Procedure, 1973 - Investigating Agency issued summons under Section 160 CrPC to a person residing in Mumbai for production of original designs of a collapsed bridge in Daman - Petitioner challenged the summons on the ground that the Investigating Agency lacked jurisdiction to summon a person residing beyond the limits of the police station and that production of documents could only be ordered under Section 91 CrPC - Held that Section 160 CrPC applies only to persons within the limits of the police station, and for production of documents from persons outside such limits, the proper provision is Section 91 CrPC - Summons quashed (Paras 2-5).
Issue of Consideration
Whether the Investigating Agency has jurisdiction to issue summons under Section 160 of the Code of Criminal Procedure, 1973 to a person residing or carrying on business beyond the territorial limits of the police station to which the Investigating Agency is attached, and whether summons for production of documents can be issued under Section 160 CrPC or only under Section 91 CrPC.
Final Decision
The court allowed the petition and quashed the summonses issued under Section 160 CrPC.
Law Points
- Section 160 CrPC applies only to persons within the limits of the police station
- Section 91 CrPC is the appropriate provision for production of documents from persons outside such limits
- Territorial jurisdiction of police officer under Section 160 CrPC is limited to the area of the police station
