Kulbir Singh vs State of Punjab

K.K. Srivastava, J.

Reply has been filed today in court on behalf of respondents No. 1, 2 and 3 and its copy has been handed over to the counsel opposite.

By way of this petition under Section 402 Cr.P.C. the petitioner seeks issuance of direction to the respondents not to harass the petitioner and his family members unnecessarily by calling him to the Police Station time and again. In the petition it has been mentioned inter alia that Jagjit Kaur mother of the petitioner had purchased land measuring 31 Kanals, 11 Marlas vide sale deed dated 21.10.1993 and possession of the land purchased was handed over to the mother of the petitioner. The entire land aforesaid is under cultivation of the petitioner and his brothers since 21.10.1993. Necessary changes were also recorded in khasra girdawari. It has been alleged that one Kewal Kishan father of Surinderpal ASI in Punjab Police, posted at Gurdaspur filed some case and stated litigation with the mother of the petitioner Smt. Jagjit Kaur, and some of the cases were decided in favour of Jagjit Kaur while some cases were decided in favour of Kewal Kishan. Kewal Kishan wanted to take forcible possession of the land from the petitioner and his brothers and he approached the police of Police Station Sadar, Amritsar. Resultantly, the petitioner, his brothers and other family members were unnecessarily summoned to Police Station Sadar, Amritsar and pressurised to give up the possession of the land in favour of Kewal Kishan. The transfer of some officers took place and a new officer also started calling the petitioner and his brothers to the Police Station and threatened them with dire consequences, in case they did not give up possession of the land in favour of Kewal Kishan. In the reply filed by Sh. S.S. Brar, Supdt. of Police of Police Station CityII, Amritsar, the allegations made in the petition by the petitioner and being summoned at the behest of the aforesaid ASI were denied.

Section 160 Cr.P.C. lays down that :

"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 any place other than the place in which such male person or women 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 person, attending under subsection (1) at any police other than his residence."

In case the presence of the petitioner or his family members is required at the police station, the Incharge of the Police Station is required to comply with the provisions contained in Section 160 Cr.P.C by issuing a written notice to the petitioner and by stating specifically the purpose for which he was being so called for at the police station.

In view of what has been discussed above, the petition is allowed to the extent that direction is issued to the respondents to strictly comply with the provisions of Section 160 Cr.P.C. In case they or any one of them require the presence of the petitioner, his brother or other family members the respondents should categorically mention the purpose of their being called to the police station and give atleast a notice of week''s duration. The petitioner, his brother and family members shall not be summoned to the police station otherwise than in accordance with the provisions of Section 160 Cr.P.C. for the purpose of enquiry/investigation of some criminal case.

Disposed of accordingly.