Police summons
Anant
(Querist) 20 September 2017
This query is : Resolved
If a criminal complaint is filed against a person, can the police summon through phone or it needs to do so in writing for investigating the complaint.
Rajendra K Goyal
(Expert) 20 September 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Kumar Doab
(Expert) 20 September 2017
Preferably post full facts of the matter.
Adv. Yogen Kakade
(Expert) 21 September 2017
The police can call the person for primary investigation to remain present at the police station. It seems only complaint is filed in your case and the FIR is not registered so far.
Anant
(Querist) 21 September 2017
Yes complaint has been made and withdrawn also as the complaint was only to harass. Hence, wanted to know for academic purpose that can a police call a person to the station just by making a call or should it intimate in writing.
Yudhish Padman S
(Expert) 21 September 2017
Dear Anant,
If the criminal complaint alleges cognizable offence, then the police are empowered to arrest such suspect even without an arrest warrant. If the criminal complaint alleges a non-cognizable offence, then the police are required to issue written summons to the suspect, calling upon him to attend enquiry. If he does not cooperate, then the police will obtain an arrest warrant and thereafter, will arrest the suspect.
But in practice, when a criminal complaint alleges a non-cognizable offence, the police personnel will call the suspect via phone, for enquiry and if he refuses to participate, the police personnel will come in person to fetch the suspect. If the suspect persistently avoids the enquiry, then the police personnel will naturally think that something is fishy and eventually, they will book the suspect for a cognizable offence and will arrest him.
Therefore, it is advisable to attend the enquiry. If the suspect is worried about getting arrested, then it is better to procure an Anticipatory Bail beforehand.
Regards,
யுதிஷ் பத்மன், வழக்குரைஞர்.
yudhishpadman@gmail.com
