THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9827 of 2009 Dated : 25.11.2009 Between : Sriram Dhanunjaya @ Chinna Babu ….. Petitioner a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9827 OF 2009 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioner seeking to quash the notice, dated 07.11.2009, issued under Section 160 Cr.P.C. by the second respondent herein in crime No.213 of 2009 of Penugranchiprolu Police Station, Krishna District. 2) Heard. 3) The notice under Section 160 Cr.P.C. is contemplated against the witnesses only. But, in this case it appears that notice under Section 160 Cr.P.C. is issued against the petitioner stating that investigation reveals involvement of the petitioner in the case and certain facts relating to case have to be ascertained from him to know his involvement and so he was ordered to appear before the second respondent. 4) Learned counsel for the petitioner contends that though notice under Section 160 Cr.P.C. is contemplated only against witnesses, the impugned notice reveals suspicion about the involvement of the petitioner in the crime and so he apprehends that he might be arrested by the Police in case of his appearance before the second respondent in pursuance to the impugned notice. 5) This is a case where admittedly, the name of the petitioner is found in the F.I.R. and it is the contention of the learned counsel for the petitioner that subsequently, the investigation revealed that he is not involved in the case. Whatever it is, in the circumstances of the case, it is directed that the proceedings in pursuance of the impugned notice shall be confined only to examine the petitioner as a witness and not beyond that and it is made clear that in case there is any material against the petitioner with regard to his involvement in the case, appropriate action can be taken against him but not by using the provisions of Section 160 Cr.P.C. 6) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 25th November, 2009 Note : Issue C.C. by tomorrow. B/o. SUR