P&H HC | Petitioners seeking protection directed to be issued advance notice under S. 160 CrPC in case they are required to be associated with investigation

Punjab and Haryana High Court: Gurvinder Singh Gill, J., disposed of the petition directing the respondents to issue written advance notice to the petitioner in terms of Section 160 of Criminal Procedure Code, 1973 in case of any inquiry or investigation.

The facts of the case are that the brother-in-law of the petitioner 1, son of petitioner 2 and husband of petitioner 3, have been falsely involved in one FIR under Sections 457, 380, 120-B read with 34 of Penal Code, 1860. Further, in order to pressurize the petitioners, the police have been raiding their house and issuing threats to involve them in some false case, in case aforesaid brother-in-law is not produced. The petitioners have approached this court seeking directions for protection of their lives and liberty.

The Court disposed of the petition with a direction to respondent 4, Senior Superintendent of Police, Amritsar to ensure that in case, the petitioners are required to be associated with any inquiry or investigation or some information is to be elicited from them, then a written advance notice in terms of Section 160 of Criminal Procedure Code, 1973 be served upon them. The Court further clarified that this order would not act as immunity for the petitioners in case if any wrongful act done by the petitioner has been found. [Prabhleen Kaur v. State of Punjab, 2019 SCC OnLine P&H 1948, decided on 11-10-2019]

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