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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Praram Infra Through Its Partner Shri Prayank Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Subodh Abhyankar, J.
1] Heard on I.A. No.2313/2025, which is an application filed by Shri Rahul Maheshwari, Advocate seeking directions in the light of subsequent facts and quashment of the notice dated 11/03/2025, issued to him by the Deputy Commissioner of Police, Zone-3, Indore, purportedly u/s.91/160 of Cr.P.C.
2] This writ petition has already been disposed of by this Court vide its final order dated 19/11/2024, which had arisen out of Crime No.1197/2023 under Section 420 , 409 and 406 of IPC registered at Police Station, Banganga, District Indore (M.P.). In the petition, the grievance was made in respect of improper investigation with a prayer that the investigation be conducted in a fair and unbiased manner.
3] In the aforesaid petition, Shri Rahul Maheshwari, Advocate had appeared for the petitioner, who has filed the present I.A. No.2313/2025 in his personal capacity challenging the notice dated 11/03/2025, issued to him by the Deputy Commissioner of Police, Zone-3, Indore asking him to appear and give samples of his signatures, which he had appended on the notice issued by him on behalf of the petitioner to the accused, who has allegedly defrauded the complainant
An Advocate cannot be summoned under Section 160 of the Cr.P.C. without a valid legal basis, protecting attorney-client confidentiality unless evidence of illegal activity exists.
Police cannot summon an advocate in their professional capacity, as it infringes on client confidentiality and legal representation rights.
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 court clarified that procedural non-compliance in issuing notices under Section 41A does not equate to contempt if the accused is given opportunities to comply with the investigation.
The main legal point established in the judgment is that a petition seeking advance notice before arrest/detention, without challenging the notice under Section 160 Cr.P.C., is not maintainable under....
Jurisdiction of police notices under Section 160 Cr.P.C. and Section 41-A Cr.P.C. is limited by territorial boundaries, and credible information is required to treat a person as an accused under Sect....
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
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