Section 91
Ritika singh
(Querist) 06 May 2013
This query is : Resolved
1) can police issue a "summon" under section 91 crpc or its equivalent is a written order by it ??
2) what are the essential contents of the same to make it binding?
Raj Kumar Makkad
(Expert) 06 May 2013
What is the real problem in your case?
Police has otherwise wide powers as asked by you but it shall be better if you come with real contents of your issue.
Raj Kumar Makkad
(Expert) 06 May 2013
What is the real problem in your case?
Police has otherwise wide powers as asked by you but it shall be better if you come with real contents of your issue.
Ritika singh
(Querist) 06 May 2013
sir the facts go as follows:
1)bank has a copy of original guarantee agreement supposedly executed by me for a company i was a director in, case is filed in DRT and is pending.
2) complaint of fraud filed by me against bank as the said agreement is not genuine. a copy of the said agreemnet is needed for investigation by police under 91 crpc
3) police has issued letter to bank to provide the original document under section 91 but the bank replied twice to issue "summon" under 91 of crpc and acknowledge that case is on in DRT or let their officer show it and then collect it immediately.
IS THEIR A PRESCRIBED FORMAT TO APPLY for such documents under 91
Nadeem Qureshi
(Expert) 06 May 2013
91. Summons to produce document or other thing.
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Devajyoti Barman
(Expert) 06 May 2013
DRT is civil proceeding where as forgery is criminal offence. The police has indpendent power to seize any document for the purpose of investigation for which no direction of DRT is require.d
Raj Kumar Makkad
(Expert) 06 May 2013
In the given facts, the action of the police authorities is well within its power and you are required to follow the contents of te notice.
