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, the petitioner was summoned to appear and produce documents. He is not a suspect or an accused as on date. Therefore, summon issued under Section 179 of BNSS Act is in order and he cannot take advantage of the proviso to that section and refused to participate in the enquiry. As far as the production of documents, the learned Government Advocate submits that since the enquiry yet to commence only on appearance of the petitioner, the documents which are necessary to ascertain whether any commission of crime committed will be known.

4. This Court on perusing the impugned summon purportedly to have been issued under Section 179 and 94 of BNSS Act and the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side), it is appropriate for the Investigating Officer to cause summon under Section 94 of BNSS act along with the complaint given by the said Ajmal Khan to enable the petitioner herein to produce all the documents relevant and mentioned in the complaint to enable the Investigating Officer to proceed with the investigation.

5. As far as Section 179 of BNSS Act has rightly pointed out by the learned Government Advocate, the petitioner as on date is not an accused. Therefore, there is nothing wrong in causing summon under Section 179 of BNSS Act. However, if the Investigating Officer is of the opinion that the petitioner has to be considered as an accused he can register the FIR against the petitioner and proceed in accordance with law.

6. With this direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

03.09.2024 Vv To

1. The Sub Inspector of Police District Crime Branch Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.No.12197 of 2024

03.09.2024