Crl. Misc. No. M-6945 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-6945 of 2011 (O&M) Date of Decision: March 7, 2011 Prem Lata and another .................................................. Petitioners Versus State of Haryana and others ......................................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Arvind Singh, Advocate for the petitioners. ... RITU BAHRI, J. (Oral) This petition under Section 482 of the Code of Criminal Procedure has been filed with a prayer to direct the respondents not to call the petitioners in police station time and again in connection with the investigation of FIR No. 166 dated 22.4.2010 under Sections 406, 419, 420, 506 IPC, registered at Police Station Ambala City against Vishal Vashisht, resident of Ambala City. Notice of motion. On asking of the Court, Mr. Kshitij Sharma, AAG, Haryana, accepts notice on behalf of the State. Heard learned counsel for the parties. Crl. Misc. No. M-6945 of 2011 (O&M) [ 2 ] The primary grievance of the petitioner is that petitioner No.1 and her husband Shri Joginder Pal Moudgil after constructing S.C.O. No. 13 and 20, Housing Board Complex Market, Sector 8, Ambala City gave it on rent to Vishal Vashisht on a monthly rent of `10,000/- on 14.10.2009. Thereafter she served a legal notice dated 16.4.2010 to Vishal Vashisht for terminating the tenancy. The shop was vacated by Vishal Vashisht in April 2010. A criminal complaint was filed by one Parkash Singh and Amar Chand in the Court of CJM, Ambala, against Vishal Vashisht alleging that he had taken money from them. The learned CJM, Ambala, referred the complaint to respondent No.3 under Section 156(3) Cr.P.C. and accordingly an FIR No. 166 dated 22.4.2010 under Section 406, 419, 420, 506 IPC, Police Station Ambala City was registered against said Vishal Vashisht. It seems that Vishal Vashisht has not been arrested by the police and his whereabouts are not known. The petitioners are facing harassment from the police as they are being called along with their employees Hari Lal son of Sukh Lal and Krishna son of Sukh Lal for the last more than 10 months in Police Station. Mr. Arvind Singh, learned counsel for the petitioners, states that the petitioners are ready to face any inquiry or investigation but it should be done in accordance with law. Reference is made to Section 160 Cr.P.C. which reads as under:- “Police Officer's power to require attendance of witnesses. (1) Any Police Officer making an investigation under this Chapter may, by order in writing, require the attendance before himself or any person being within the limits of his own or any adjoining station who, from the information given or Crl. Misc. No. M-6945 of 2011 (O&M) [ 3 ] 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 or the reasonable expenses of every person, attending under Sub-section (1) at any place other than his residence.” In view of the above, the petition is disposed of by giving direction to respondents No. 2 and 3 to strictly comply with the provisions of Section 160 Cr.P.C. In case they or anyone of them require the petitioners for interrogation/investigation of the case, notice shall be given of atleast a week prior to the date of interrogation. In case of urgency, notice of two or three days to enable the petitioners to get themselves apprised of the case in which they are summoned at the Police Station. The above directions will be complied by the respondents and they shall not summon the petitioners except in accordance with the provisions of Section 160 Cr.P.C. Petition is disposed of. 7.3.2011 ( RITU BAHRI ) Rupi JUDGE