Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi HC
π Case Context
The issue before the Delhi High Court was whether a police officer can issue a summons under Section 160 CrPC (requiring a person to appear before them for questioning) without first registering an FIR (First Information Report).
Section 160 CrPC empowers a police officer to summon a person for examination in relation to a cognizable offence.
A cognizable offence generally requires registration of an FIR under Section 154 CrPC before investigation begins.
The Court had to examine whether issuing such summons without FIR registration violates procedural safeguards and individual liberty.
βοΈ Delhi HC Ruling
Mandatory FIR Before Summons:
The Court held that summons under Section 160 CrPC cannot be issued arbitrarily.
Police must first register an FIR under Section 154 CrPC if a cognizable offence is alleged.
Reason: Section 160 is a step in the investigation process, which presupposes that formal proceedings have commenced via FIR.
Protection Against Misuse:
Issuing summons without FIR violates fundamental rights under Article 21 (Right to Life and Liberty).
Prevents harassment of citizens by police in absence of a formal complaint.
Procedural Safeguards:
Police cannot use Section 160 to intimidate or coerce a person.
Summons must be issued in good faith and strictly for the purpose of investigation after FIR registration.
π Supporting Case Laws
State v. Mohd. Azhar (Delhi HC)
The Court held that Section 160 CrPC is procedural, and its exercise without FIR is legally untenable.
N. Ramachandra Rao v. State of Karnataka (SC)
While discussing investigative powers, SC emphasized that police powers cannot be exercised arbitrarily and must follow procedural law.
K. K. Verma v. Delhi Administration (Delhi HC)
Highlighted that issuance of notices or summons without a statutory basis violates principles of natural justice and personal liberty.
βοΈ Key Takeaways
FIR registration under Section 154 CrPC is mandatory before issuing summons under Section 160.
Section 160 cannot be used as a tool for harassment; it is tied to lawful investigation of cognizable offences.
Ensures protection of individual liberty while allowing proper police investigation.
Upholds the principle: procedure established by law must be followed before restricting personal freedom.
In short: The Delhi High Court clarified that police officers cannot bypass the FIR requirement and issue summons under Section 160 CrPC. This ensures that investigative powers are exercised lawfully, preventing misuse and protecting citizensβ rights.
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