Telangana High Court
WP/28066/2005 of V. Venkata Ramana, Vs The Deputy Superintendent of Police, on 30 December 2005
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 28066 of 2005 Between: V.Venkata Ramana and 6 others ..... PETITIONERS AND The Deputy
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAHWRIT PETITION No. 28066 of 2005
Between:
V.Venkata Ramana and 6 others
..... PETITIONERS
AND
The Deputy Superintendent of Police,C.I.D., Regional Crime Investigation Unit, Kurnool
.....RESPONDENT
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ORDER:
Seeking a Mandamus, declaring the action of the respondent in calling thepetitioners to his office at Kurnool in connection with the cases other than CrimeNo.174/2000 on the file of the Judicial First Class Magistrate’s Court, Rayachoti, asillegal and arbitrary, the present writ petition is filed.
Heard the learned counsel for the petitioner and the learned Government Pleader forHome.
The petitioners submit that they have stood as sureties for various accused inrespect of Crime No.174/2000 on the file of Judicial First Class Magistrate’s Court,Rayachoti, Kadapa District. It is stated that there is no any allegation of jumping frombail in the said crime, and if the accused, for whom the petitioners stood as sureties, jumped from the bail, it is always open for the concerned Court/police to forfeit thesurety amount. It is further stated that the said accused are also involved in othercrimes such as Crime Nos.32/2002 of Devanakonda PS, 39/2002 of II Town PS,Kurnool, 52/2002 of Bethamcherla PS and 60/2002 of Veldurthy PS of KurnoolDistrict and in that connection, summons have been issued to the petitioners underSection 91 of Cr.p.c. requesting them to appear before the respondent along withdocuments such as letters, phone numbers, addresses or any other correspondenceof the alleged accused and also of the kith and kin of the said accused for thepurpose of investigation. Aggrieved by the said notices, the petitioners have gotissued legal notices through their counsel on 02.12.2005 and 16.12.2005, for whicha reply has also been given by the respondent on 22.12.2005, stating that therespondent has got power to issue such summons.
A perusal of Section 91 of Cr.p.c. goes to show that any officer incharge of the policestation considers that production or any document or other things necessary ordesirable for purpose of any investigation, enquiry or other proceedings, under Codeof Criminal Procedure, he is entitled to issue such summons to any person, requiringhim to attend and produce documents before him. Under Section 91(2) of Cr.p.c. ifany person required under Section 91 of Cr.p.c. is merely directed to produce adocument or other things, and such documents are produced, it is requisitecompliance of production of documents. But in the instant case, not only certaindocuments are required to be produced, but also requested the petitioners to appearin person, and therefore, it cannot be said that issuance of impugned summons isillegal and arbitrary. I do not see any merits in this writ petition. The learned counselfor the petitioners requested to permit the petitioners to appear before therespondent along with counsel. There cannot be any objection for the petitioners toappear before the respondent along with their counsel Accordingly, the Writ Petition is dismissed. No order as to costs.
Dated: 30.12.2005
Dsr
________________V.ESWARAIAH,J
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