IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4712 of 2010() ------------------------------------ ( CRIME NO. 108 OF 2008 F POZIYOOR POLICE STATION, TRIVANDRUM) --------------------- PETITIONER(S): ---------------------- DAVID MORISE, AGED 55,S/O.SILVASTER, USHAS, HOUSE NO.XI/306,PALLILAMKARA,KALAMASSERY, ERNAKULAM. BY ADV. SRI.P.K.SOYUZ RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE CRIME DETACHMENT,TRIVANDRUM RURAL POLICE,TRIVANDRUM. (CRIME NO.108 OF 2008 OF POZIYOOR POLICE STATION,TRIVANDRUM) R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4712 of 2010 -------------------------- ORDER Petitioner is an Engineer working in Hindustan Machine Tools Ltd. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-3 notice issued by Deputy Superintendent of Police, Crime Detachment, Thiruvananthapuram Rural directing the petitioner to appear before his office at Thiruvananthapuram in the enquiry being conducted in Crime No.108/2008, registered under the caption 'man missing', on 2.12.2010. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Section 160 of Code of Criminal Procedure enables any police officer making an investigation under Chapter XII of Code of Criminal Procedure to 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 CRMC 4712/10 2 as so required. Section 160 authorises an officer investigating a case, to require the attendance before himself only of a person within the limits of his own or any adjoining station. 4. Petitioner is, admittedly, a resident of Ernakulam. He is also working at Ernakulam. By virtue of the powers under Section 160 of Code of Criminal Procedure, Deputy Superintendent of Police, though, can require a person to attend his office, when petitioner is neither a resident within the limits of the Investigating Officer or the adjoining places, he cannot be directed to appear before him. In such circumstances, Annexure-3 notice can only be quashed. Petition is allowed. Annexure-3 notice is quashed. But, that does not mean that Investigating Officer cannot question the petitioner or record his statement. Investigating Officer has to approach the petitioner and record the statement. 21st December, 2010 (M.Sasidharan Nambiar, Judge) tkv