Section 160 of Cr.P.C. is the power of police to summon the
witnesses. Often it is seen that section is also used to summon the accused
person under the belief that it is applicable to accused also.
The controversy is set at rest by the Supreme Court in case
of STATE REPRESENTED BY INSPECTOR OF
POLICE AND OTHERS VS NMT JOY EMACULATE the Hon’ble Supreme Court observed “
in our opinion the High court has committed
serious error in giving such direction contrary to the statutory
provisions of section 160 Cr.P.C which is applicable only to the witnesses, not
to the accused”
“In
fact, the learned Judge has erred in expanding the scope of Section
160 Cr.P.C. to
the accused as well, which might lead to hardship to an investigating agency.”
(CRIMINAL APPEAL NO.
575-576 OF 2004 DATED 5/5/2004 SUPREME COURT)
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