Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi High Court

[13 June 2022] The Delhi High Court has observed that summons or notices under Section 160 of the Code of Criminal Procedure can be issued by a Police Officer in order to set investigation into motion and that registration of FIR is must for the same. Section 160 CrPC provides for a Police officer’s power to require attendance of witnesses.
Justice Chandra Dhari Singh made the said observation while answering the question as to on what stage a notice under Section 160 of Code can be issued. The Court observed that without registration of FIR, an investigation cannot be said to have been initiated. Furthermore, it said that even for an enquiry to be held legal and valid, the Police Officer has to act in accordance with provisions of the CrPC and he may not act beyond his powers by conducting a preliminary enquiry without making a report to a Magistrate. “Both these addresses are evidently outside and beyond the territorial limits of the concerned Police Station S.A.S. Nagar. The bar of jurisdiction under Section 160 of the Cr.P.C. is indisputably applicable to the instant matter and in such a case, the notice issued can rightly be said to be issued without jurisdiction,” the Court added.