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CHEEKATI MANAVENDRANATH ROY
Devagupthapu Hara Venkata Surya Satyanarayana Murthy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. In these two Writ Petitions the petitioners challenge the legal validity of the notices issued under Section 160 Cr.P.C. to them to appear before the Investigating Officer in Crime No.12 of 2021 of CID Police Station of the State of Andhra Pradesh, for the purpose of investigation in the said crime.
2. As the impugned notices under Section 160 Cr.P.C. were issued to the petitioners in the same crime i.e. Crime No.12 of 2021 of CID Police Station of the State of Andhra Pradesh, both the Writ Petitions were heard together and they are being disposed of by this common order.
3. Factual matrix of both the Writ Petitions lie in a narrow compass and may be stated as follows:
a) A case in Crime No.12 of 2021 was suo moto registered by the Crime Investigation Department Police Station of the State of Andhra Pradesh for the offences punishable under Sections 124- A, 153-A, 505 r/w.120-B of IPC. It was registered against Sri Kanumuru Raghu Rama Krishnam Raju, Member of Parliament of Narasapuram Lok Sabha Constituency of West Godavari District and ABN News Channel and TV5 News Channel.
The term 'adjoining station' in Section 160(1) Cr.P.C. can include a police station declared as a police station for an entire state, in relation to another police station declared as a police statio....
A Police Officer making investigation may require attendance of “any person being within the limits of his own or any adjoining station ”, thereby, clearly and unequivocally setting limits to the jur....
(1) Alternative remedy is not a bar to exercise of jurisdiction under Article 226 of Constitution of India.(2) Section 160 of Cr.P.C. it must apply even to investigations of CBI.
Sections of CrPC would apply only if the field is not covered, in any manner, by the provisions of the special enactment by way of the PMLA.
Under garb of Section 160 of Cr.P.C. a person unconnected with offence, cannot be directed to appear through notice under Section 160, for adopting short cut method of denying right of such person to....
The jurisdiction under Article 226 of the Constitution of India cannot be taken away by any subordinate legislation, and the court must protect individual liberties and rights under Article 21.
The court affirmed that notices issued under Section 179 of the BNSS are valid for investigative purposes and not subject to challenge if statutory provisions are followed.
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