Notice u/s 160 of CRPC

sushil bhatt (Querist) 14 March 2011 This query is : Resolved
CB-CID has sent a notice u/s 160 of CR. PC to all Directors of the Company for appearance and give statement before it in respect of a FIR registered by the state Government against some of its officials for embazalment/misappropriation of govt. funds.

The Company is a contractor of that state government.

My query is whether this notice u/s 160 of CR.PC can be quashed by the High Court upon motion of the company.

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Advocate. Arunagiri (Expert) 14 March 2011
High court will not interfere the police investigation.

Guest (Expert) 15 March 2011
This is the notice given to you only to note down the facts of the case if you know any. they will ask the relevent question and nothing is done against you. High Court does not interfere into the investigation of pol;ice.

sushil bhatt (Querist) 15 March 2011
Thank you sir, but we were concerned as no FIR was lodged against the Company or its officers. The Ploice is trying to trap the Company u/s 120-B of IPC. The compnay's regd. office is at Mumbai and the Directors sits in Mumbai and not involved in day to day affaris of the site office as the said site office is at Orrisa where the the incident took place and all records and documents related to said project are kept in Orrisa office only. The project incharge/ general Manager alongwith other staff members of Orrisa office has already given their statements before the CBCID 3-4 times.

The police has already recorded the statements of the Project manager/General Manager alongwith other staff members of our Orrisa office 3-4 times who are directly involved in day to day affairs of the said project at Orrisa office.

As mentioned above, if the police has already recorded the statements on behalf of the compnay, can the notice u/s 160 calling the other Directors be quashed or not in the present circumstances?

Guest (Expert) 15 March 2011
this is the part of the enquiry you must join the investigation whether you have any role directly or not and also the persons who are concerned with the project.

SAANJAAY GUPTAA (Expert) 16 March 2011
Issuing notice is not a judicial order and High Court can not take part in the process of investigation.

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