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2024 Supreme(Online)(MAD) 28134

HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
MUBARAK ALIKHAN – Appellant
Versus
THE STATE REP BY ITS – Respondent


O R D E R

This Criminal Original Petition is filed to quash the police summons issued under Sections 179 and 94 of BNSS Act.

2. The learned counsel for the petitioner referring to the proviso of Section 179 of Cr.P.C submits that the petitioner is around 72 years old and he has been summoned to appear before the Investigating Officer in connection with complaint given by one Ajmal Khan, whereas the summon does not disclose anything about the details of documents which are required to be produced. Therefore, he submits that the summon is in contravention under Section 179 and 94 BNSS Act . He further submits that it is presumed that a complaint been given against the petitioner by Ajmal Khan, therefore the petitioner is in suspect in the case registered. While so, summon under Section 179 of BNSS Act which is meant for witnesses and not for accused, could not have been issued by the respondent police.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the complaint been received from Ajmal Khan on 05.07.2024 regarding falsification of accounts and cheating by the erstwhile administrator of the Wakf. In this connection, for enquiry purpose, th

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