JUDGMENT :

The Court Made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Section 506(i) IPC, in Crime No. Not known, on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner submits that the very same complainant has also lodged a complaint as against the petitioner before the Silaiman Police Station and the petitioner herein also filed a petition before this Court in Crl.O.P.(MD)No.11347 of 2021, seeking a direction to the respondent not to interfere with the civil dispute pending between the petitioner and the defacto complainant. The subject matter of the complaint, according to the petitioner, is a contractual agreement dated 17.02.2020, relating to the construction in R.S.No.69/1A3, 1st floor, Viraganoor, Madurai South Taluk, Madurai District.

3. The learned Government Advocate (Crl. Side) submits that in this case, petition enquiry is pending on the file of the respondent. Though the respondent Police sent summon to the petitioner on 18.09.2021, he did not appear before the respondent Police.

4. On a perusal of the summon issued by the respondent, it appears that the summon was issued under Sections 41A and 160 Cr.P.C.

5. At this juncture, it is relevant to extract the provisions of Sections 41A and 160 Cr.P.C. which read as follows:

41A – Notice of appearance before police officer –

(1) [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the persons against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officers is of the opinion that he ought to be arrested.

[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]

160. Police officer's power to require attendance of witnesses – (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required.

Provided that no male person [under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.”

6. On a reading of those provisions, it reveal that the issuance of summons under Sections 41A and 160 Cr.P.C. would arise only after the registration of a case.

7. The code of Criminal Procedure has not contemplated any procedure for enquiry before registration of case. Neither under Section 156(3) CrPC nor under Section 154 CrPC opportunity was provided to the accused before registration of case. However, considering the nature of certain complaints, such as matrimonial disputes/ family disputes, commercial offences, etc., the Larger Bench of the Ho