Court Holds Section 91 CrPC Notice Cannot Be Issued Without Formal Investigation or Inquiry; Mechanical Issuance of Process Under Section 175 IPC Declared Illegal
In a significant judgment delivered on September 26, 2026, the Jammu & Kashmir and Ladakh High Court quashed the criminal complaint and the issuance of process against Jaydeep Singh Jadeja, the Director of M/S Ashpura Road Lines, in a case involving allegations of failing to comply with notices issued under Section 91 of the Criminal Procedure Code (CrPC). The Court underscored that powers under Section 91 CrPC could only be exercised during formal investigation, inquiry, trial, or other proceedings under the Code and not during preliminary verification stages.
The case arose from a complaint filed by one Mohd. Shafiq Sohil alleging that Mr. Jadeja duped him of Rs. 40 lakhs in connection with a subcontract awarded under the National Highways Development Project Phase-II in Jammu & Kashmir. The Crime Branch, during its preliminary verification to decide whether to register a First Information Report (FIR), issued notices under Section 91 CrPC seeking documents and information from the petitioner. The petitioner allegedly failed to comply with these notices, prompting the filing of a complaint under Section 175 of the Indian Penal Code (IPC) for obstruction of public servant.
However, the High Court found that the Crime Branch had not commenced any formal investigation or inquiry under the CrPC at the time the notices were issued. The Court reiterated the principle from the Supreme Court's landmark decision in Lalita Kumari v. Govt. of U.P. (2014), clarifying that preliminary verification or inquiry is solely to determine whether allegations disclose a cognizable offence and does not authorize coercive steps such as summons for document production under Section 91 CrPC.
Justice Rajnesh Oswal observed that the expression "other proceeding" in Section 91 must be interpreted in consonance with "investigation, inquiry or trial," and since none of these were pending, issuing notices under Section 91 was legally impermissible. Consequently, the complaint under Section 175 IPC based on non-compliance with such a notice could not be sustained.
The Court further criticized the trial court for mechanically issuing process without proper application of mind and declared the continuation of prosecution as an abuse of the process of law. The proceedings and order issuing process against Mr. Jadeja were therefore quashed. Nonetheless, the Court allowed the Crime Branch to proceed with the complaint in accordance with law if so warranted after proper investigation.
This judgment reinforces the procedural safeguards protecting individuals from coercive powers of the police during the preliminary verification phase and clarifies the limited scope of Section 91 CrPC. It ensures that notices for document production cannot be issued arbitrarily before any formal investigation or inquiry is initiated.
Bottom Line:
Criminal Procedure - During mere preliminary verification prior to registration of FIR, when no investigation or inquiry under CrPC is pending, notice under Section 91 CrPC cannot be issued - Non-compliance of such impermissible notice cannot sustain complaint under Section 175 IPC - Process issued mechanically liable to be quashed.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 91, Indian Penal Code, 1860 Section 175, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Jaydeep Singh Jadeja v. UT of J&K, (Jammu & Kashmir and Ladakh) : Law Finder Doc Id # 2996917
