( 1 ) THE short question that arise for consideration in this writ petition is :

( 2 ) WHETHER an investigating police officer has power to require attendance of a witness who is not residing within the limits of his police station or in any adjoining station?

( 3 ) THE facts giving rise to this question may now, briefly be stated : the petitioner is a resident of Hyderabad city. Mr. N. K. Gaikwad, Sub-Inspector of Police, Crime Branch II, Pune city i. e. the 2nd respondent herein had issued summons dated 24-9-1998 under Section 160 of the Code of Criminal Proceudre, informing the petitioner that an investigation was going on by Samarth Police in Crime No. 3 of 1998 under Sections 420, 468, 471 34, 109 and 120-B of the Indian Penal Code and in that connection the presence of the petitioner was required for further investigation and, therefore, he should be present before him at Urvasi hotel, Punjagutta, Hyderabad at Room No. 317 on 25-9-1998 at 10 p. m. On service of the said summons, the petitioner appeared before the said Sub-Inspector of Police on 25-9-1998 at Urvasi hotel at the appointed time and then his statement was recorded. Thereafter another summons dated 2