IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.472 OF 2009 RAKESH KUMAR TIBREWAL, SON OF GAUKARAN PRASAD TIBREWAL, RESIDENT OF MOHALLA JOKHU SAH LANE MUNDICHAK, P.S. TILKAMANJHI, DISTRICT BHAGALPUR…………………………………PETITIONER VERSUS 1. STATE OF BIHAR 2. SUPERINTENDENT OF POLICE, BHAGALPUR 3. OFFICER-IN-CHARGE, KOTWALI, P.S. KOTWALI, DISTRICT BHAGALPUR 4. INSPECTOR DAWALE, SON OF NOT KNOWN, CRIME BRANCH, ECONOMIC WING MUMBAI, THROUGH SUPERINTENDENT OF POLICE, BHAGALPUR…………………………………………..RESPONDENTS ----------- 3. 16.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner happens to be the brother- in-law of one of the accused of N.M. Joshi Marg Mumbai P.S. Case No.376/08. He resides in Bhagalpur carrying on his own business. He submits that the first information report was instituted against his brother-in-law at Mumbai and during the course of investigation, Mumbai Police reached Bhagalpur and interrogated him also. However, during the course of investigation he has been variously tortured although he has co-operated with the police at all point of time. Therefore, prayer has been made that the petitioner should not be harassed or tortured in course of investigation as he is not an accused in the case and is ready to co- - 2 - operate at all point of time. It goes without saying that police has power to require attendance of any witness or any person whose statement the police consider useful for investigation of a case and for coming to the truth and for submission of the final report. The power lies under Section 160 of the Code of Criminal Procedure in this regard. As long as a person, whose attendance is required by the police, co-operates in all manner, he need not be unnecessarily harassed. This has to be kept in mind by the police authorities while investigating the aforesaid case and while interrogating the petitioner. A counter affidavit has been filed by the Superintendent of Police, Bhagalpur who has taken a stand that Bhagalpur Police has no role to play in the case and as and when Mumbai Police contacts the Bhagalpur police, they are merely led to the place or person to whom they desire to interrogate. That may be done. But Bhagalpur Police should also draw the attention of Mumbai Police that if they are getting co- operation from the petitioner to their satisfaction, they should not unnecessarily - 3 - harass and act in such a manner so as to adversely affect his livelihood. With the aforesaid observations and directions, the writ application is disposed of. Let a copy of this order be communicated to the office of the Superintendent of Police, Bhagalpur through FAX at the cost of the petitioner. B.T (J. N. Singh, J.)