Calling to police station
abhimanyu
(Querist) 05 September 2018
This query is : Open
A woman and a senior citizen man has filed a Criminal Complaint with Delhi Police against some miscreants. Interestingly, Delhi Police officials are calling the woman and the senior citizen man to Police Station over phone only. It has been given to understand that a woman and senior citizens cannot be called to police stations in Delhi and more over if they have to be called, they have to be given proper written notice.
It is requested that Rules of Delhi Police for calling people to Police stations for investigation may be provided.
Vijay Raj Mahajan
(Expert) 06 September 2018
Police officer is supposed to visit the complainant in person at the time of investigation.
In most cases the IO of police avoid visiting the complainant at their respective place of residence and call them to Police station for recording their statement u/s 161 Cr. P. C.
As it is investigation which is going on the complaint of the persons the written notice under section 41, 41A, Cr.P.C has not been issued to them which is sent to the accused persons.
abhimanyu
(Querist) 06 September 2018
Sir, Delhi Police has registered FIR against husband on the recommendation of CAW Cell. Delhi police instead of calling husband has called wife and her father - a senior citizen - to police station over phone 3 times. Earlier, Wife and father complained to Police against a Doctor in a related case where also for investigation they were called by police in police station over phone, In the present case, Delhi Police called them in Police station and handed over a notice under Section 91 CrPC. They have again ordered the two over phone to appear before them on 15.9.2018..
It has been given to understand that a woman and senior citizens cannot be called to police stations in Delhi and more over if they have to be called, they have to be given proper written notice.
So the specific query is what are the rules of DELHI POLICE for calling woman and senior citizen, who are complaintants - to Police Station during Investigation of a Complaint
rajeev sharma
(Expert) 06 September 2018
Sec 94 CrPC is for production of documents and not for presenting oneself before the police authorities. Am investigating officer is required to visit the person whose statement it wants to record. Sec 161 gives no power to call any person in the police station. If any police officer is harassing you just make a complaint to his / her senior. You may make a complaint with Human rights commission.
abhimanyu
(Querist) 06 September 2018
Sir, I have earlier conveyed that In the present case, Delhi Police called woman and her father - a senior citizen - in Police station and handed over a notice under Section 91 CrPC. They have again ordered the two over phone to appear before them on 15.9.2018..
So, Rajeev sir, as per your opinion, is it right to say that Delhi Police cannot call a woman and a senior citizen to police station for investigation over telepone and written notice is necessary for that. Can legal action be taken against police for calling them to police station over phone.
Further, when written notice can be issued by police for calling a woman and a senior citizen in the police station.
