SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Cal) 50

RAJASEKHAR MANTHA
Anubrata Mondal – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sandipan Ganguly, Senior Advocate, Mr. Sanjib Kumar Dan, Mr. Rajarshi Basu, Ms. M. Mukherjee
For the Respondent: Mr. S.V. Raju, Additional Solicitor General, Mr. Y.J. Dastoor, Additional Solicitor General, Mr. Phiroze Edulji, Mr. Samrat Goswami

ORDER :

1. The writ petition has been filed challenging a notice under Section 160 of the Cr.P.C. in connection with an FIR No.RC0562021S0018. The petitioner is not accused. The notice required him to be present today at 11 am at NIT Guest House, Durgapur, West Bengal, The petitioner in reply to the notice contended that he was suffering from diverse ailments and it would be a health hazard for him to travel a distance of 58 Kms, from Bolpur to Durgapur in this pandemic.

2. Mr. Sandipan Ganguly Ld. Senior Advocate, submits that Section 160 of the Cr.P.C. authorizes only a police officer within whose jurisdiction the notice resides to summons. The Notice to appear at Durgapur is outside the Bolpur, under which PS the petitioner resides. The CBI should in deference to the sprit of 160 of the Cr.P.C. should conduct investigation at Bolpur.

3. Counsel of the petition next submits that his client is suspicious of the motives of the CBI and places paragraph 9 at page 5 of the writ petition which is set out herein below :-

    "9. That the Petitioner states that the impugned Notice dated 31.01.2022 has been issued without providing any detail of the particular of the Case in connection with which

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top