M.H.S.ANSARI,J. - (1.) THERE shall be an order in terms of Prayer (a) of the application.
(2.) HAVING heard the learned counsel for the parties we are of the opinion that the appeal itself should be disposed of along with the application after treating the same on the day's list. This appeal is directed against an order dated 12th November, 1999 passed by a learned Single Judge of this Court whereby and whereunder the learned Judge give liberty to the police authorities to go on with the investigation by sending telephonic message in terms of Section 160 of the Code of Criminal Procedure. By an order dated 22.11.1999 this Court has directed Mr. Dutt, learned counsel for the State to take instructions in the matter as regards the question as to whether any case has been registered against the appellant or not by the police authorities. Mr. Dutt appearing on behalf of the respondents states that no case has been instituted but the petitioner has been asked to attend the Police Station for the purpose of preliminary enquiry. According to learned counsel, such a power exists in terms of Section 160 of the Code of Criminal Procedure. Section 160 of the Code of Criminal Procedure reads thus :- "160. Police Officer's power to require attendance of witness - (1) Any Police Officer making an investigation under this chapter may by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required : Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides. (2) The State Government may, by rules made in this behalf, provide for the payment by the Police Officer of the reasonable expenses of every prison (person ?), attending under sub-section (1) at any place other than his residence."
(3.) AN investigation into a case starts only upon recording of the First Information Report in terms of Section 154 of the Code of Criminal Procedure. The police authorities without initiating any proceedings and registering the First Information Report cannot be said to have jurisdiction whatsoever to start investigation in a case and exercise their jurisdiction under Section 160 of the Code of Criminal Procedure as the said provision applies only in relation to an investigation. An investigation can be started only upon registering a First Information Report in relation to a cognizable offence. For the reasons aforementioned, the appeal is allowed, the impugned order is set aside and the writ application filed by the petitioner is disposed of with a direction upon the respondents not to ask the petitioner to attend Police Station unless a First Information Report is registered. No order as to costs. Both the appeal and the application stand disposed of. Xerox certified copy of this judgment and order be made available to the parties on a priority basis. Appeal allowed.;