IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.5251 -M of 2011 DATE OF DECISION : AUGUST 3, 2011 JAGDEEP SINGH @ DEEPAK ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Ms. Sukhpreet Kaur, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for issuance of directions to respondents No.2 and 3 not to harass the petitioner by repeatedly calling the petitioner to CIA Staff, Sangrur, on the pretext of joining investigation in some cases registered at Sangrur. 2 It has been pleaded that the petitioner was implicated, though falsely, in FIR No.3 dated 3.1.2007 under Sections 392, 365, 171, 419, Indian Penal Code, and Section 25 of the Arms Act, 1959, Police Station, Sadar Phagwara, District Kapurthala. It has been pleaded that the petitioner was released on bail and is facing trial. It has further been pleaded that whenever a case of dacoity or theft is registered, the petitioner is summoned by the Criminal Misc. No.5251 -M of 2011 2 police, thereby causing harassment. 3 Learned counsel for the petitioner contends that innocence of the petitioner would be judged by the trial court in the context of FIR No.3, reference to which has been made above. The petitioner cannot be called on the whims of the police officials. 4 Learned counsel for the respondent-State has pointed out that the petitioner was not called for any inquiry or investigation in CIA Staff, Sangrur. It has been stated that because of the antecedents of the petitioner, at times, the petitioner is required to be summoned, so as to investigate a matter which involves accused, who are not identified. 5 Considering the totality of facts and circumstances as brought out on behalf of the petitioner and the respondents, I am of the opinion that a citizen of the country cannot be summoned on the whims of the police officials. In an FIR registered in 2007, the petitioner is facing trial. Admittedly, the petitioner has not been involved in any other case for the last four years. In such circumstances, to summon the petitioner without implication of the petitioner in a criminal case, would clearly impinge on the rights of the petitioner. 6 The petition is, accordingly, disposed of with directions to the respondents that, in case, the petitioner is wanted in connection with any investigation, a notice under Section 160, Code of Criminal Procedure, shall be issued to the petitioner at the address given in the petition. The notice shall clearly indicate as to in what context the petitioner is being Criminal Misc. No.5251 -M of 2011 3 summoned. 7 Learned counsel for the petitioner contends that on receipt of such notice, the petitioner would certainly assist the Investigating Agency. August 3, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?