M.NIRMAL KUMAR
Madhusudhanan – Appellant
Versus
Deputy Superintendent of Police Land Grabbing Special Wing Krishnagiri District – Respondent
JUDGMENT :
(Prayer : This Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and quash the summon as against the petitioner in C.No.314/H2/SP-Gri/ALGSC/KGI/2021, dated on 29.07.2021 issued by the 1st respondent police.)
The petitioner had filed this petition seeking to quashing of summons in C.No.314/H2/SP-Gri/ALGSC/KGI/2021, dated 29.07.2021, which has been sent under Section 160 and 91 Cr.P.C. calling the petitioner to appear on the complaint of one Venkatasamy Reddy along with documents.
2. Without going into the merits of the case, the learned counsel for petitioner would submit that on the face of it, summons issued by the 1st respondent police without any authority and it has to be quashed. Further, this court in Crl.O.P.No.28273 and 28274 of 2007, reported in 2010 SCC Online Mad 2718, has already held that without registration of F.I.R., no summons can be issued under Section 160 and 91 Cr.P.C., which has been dealt with elaborately and this Court had given a positive direction to the Investigating agency while quashing summons issued under Section 160 and 91 of Cr.P.C. and also placing reliance on the order passed by this
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