S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
3 years, 1 month ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

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In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation. Mondal had moved the High Court seeking protection from arrest pursuant to the issuance of a CBI notice under Section 160 CrPC directing him to appear before its investigating team for the ongoing probe into the West Bengal post poll violence cases. The fact that the CBI acts under its own manual and under the provisions of the Delhi Special Police Establishment Act 1946 will not deprive a citizen of this Country, much less a person who not even the principal accused of the fairness and due process of law, which have been mandated and engraved into Section 160 of the Cr.P.C" The Court further underscored, "The plain language and text of Section 160 clearly warrants protections to a notice from being removed and compelled to travel far away outside the ordinary place of residence at the whim and caprice of the Investigator" With regards to the interpretation of Section 160 CrPC, reliance was also placed on the judgment of the Guwahati High Court in Pusma Investment Pvt.

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