Notice U/S 160

Querist : Anonymous (Querist) 01 January 2018 This query is : Open
I have longed my complaint in honourable court before a year ago, and the court has transferred the case u/s 156(3) to the concerned police station for investigation.
Before a month ago, I had received phone from concerned investigating officer (Head Constable) for to record my statement. ( Earlier they had called me for recording my statement and they do not record any statements but they talks about the case and after a hour they ask me to go. This was happened with me for 3 times.) As I received phone from their side, I asked him to summons me and then after only I will appear before you. I have not received any summons from their side. But they reported to SP that they had summonsed me u/s 160 of Cr.P.C. and the fact is that they are wrong.
Based on report submitted to SP, I Filed an application under the RTI Act to provide me information of Summons issued on me, and having my signature on it. But they had sent me their Office Copy having outward number, date etc. but they can't provide me Summons issued on me with my signature on it, as it is fact that they had not issued Summons on me. They have wrote me that Summons was sent by post.

Now my question is that (1) can they send or execute Summons u/s 160 of Cr.P.C. by ordinary post ? (2) does their matter stands a valid matter in the court ? (3) Can I make out any case against Police Officer ?

Please guide me in response to my above questions. and I will be highly thankful to all of you.

Prabhu Desai
Bhavnagar
Gujarat.

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Ms.Usha Kapoor (Expert) 01 January 2018
Summons sent to you through ordinary post with your signature etc on it whether ultimately i reaches you or not is not in strictu sensu i snot summons per se and it can't be executed by the police. and you can make out a case against police officer.Your !str question is Section 160(1) should not be sent through ordinary post. I should be sent by Courier or registered post with acknowledgement due.

Read the section160. Police Officer’s power to require attendance of witnesses.

(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

Provided that no male person 1[“under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person”] shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

powers under Section 160 Cr.P.C are necessary for the police for proper and effective investigation of a crime. A police officer who receives information that a person may be acquainted with the facts of the case can issue notice under Section 160 Cr.P.C to call such person and interrogate him. No specific guidelines are required for issuing such notice as issuance of such notice would not in any way infringes the W.P. (Crl.) No.1422/08 & 152/2010 Page 3 Of 7 personal liberty of any person. Chapter IV of Cr.P.C casts a duty on the public person to provide necessary help to Magistrate and police as and when demanded regarding information about commission of a crime and help apprehending the criminals. A duty has been cast upon the public to give information of certain offences as mentioned in Section 39 Cr. P.C. Section 41 of Cr.P.Cgives power to police not only to arrest a person, without warrants, if he has been involved in a cognizable offence or against whom credible information has been received of his having been involved in an offence.

The cord registered and notices under Section 160 Cr.P.C were issued to the petitioners and the petitioners made this writ petition. 9. The petitioners have already obtained a copy of complaint by using provisions of RTI Act. It is not obligatory on the part of the police to furnish a copy of FIR/complaint to the accused. Section 154(2) puts an obligation on police to furnish a copy of FIR/complaint to the complainant and not to the accused. Police has got every right to issue noticeunder Section 160 Cr.P.C and notice under Section 160 cannot be quashed by a Court. Notice under Sections 160 Cr.P.C is a step in furtherance of investigation and the court cannot interfere into investigation. If the petitioners were apprehending arrest on account of their alleged involvement, the appropriate course available for the W.P. (Crl.) No.1422/08 & 152/2010 Page 6 Of 7 petitioner was to apply for bail and not to approach this Court for quashing the notices underSection 160 Cr.P.C. As far as allegations of surveillance by taping the phones of petitioners are concerned, no material has been placed on record,

Kumar Doab (Expert) 02 January 2018
AQ………………….so NO reply…………

Kumar Doab (Expert) 02 January 2018
Pls post with your ID and you can get many replies…..

Querist : Anonymous (Querist) 10 January 2018
Shri Kumar Doeb......., Please tel me what type of my ID is to be mention on this plate form, so that I can get more replies.

Prabhu Desai
Bhavnagar
Gujarat

Querist : Anonymous (Querist) 10 January 2018
Shri Ms. Usha Kapoor........., Thank you very much for your reply. Further I like to know more from you is that weather (1) an Investigating officer can issue Summons under Sec 160 of Cr. P. C. to the Complainant ?. Number (2) Can Investigating officer send me Summons by ordinary post ? or he has to send the summons hand to hand. I will be highly thankful to you if I get your reply. Prabhu Desai, Bhavnagar, Gujarat.

Querist : Anonymous (Querist) 15 January 2018
I have longed my complaint in honourable court before a year ago, and the court has transferred the case u/s 156(3) to the concerned police station for investigation. Before a month ago, I had received phone from concerned investigating officer (Head Constable) for to record my statement. ( Earlier they had called me for recording my statement and they do not record any statements but they talks about the case and after a hour they ask me to go. This was happened with me for 3 times.) As I received phone from their side, I asked him to summons me and then after only I will appear before you. I have not received any summons from their side. But they reported to SP that they had summonsed me u/s 160 of Cr.P.C. and the fact is that they are wrong. Based on report submitted to SP, I Filed an application under the RTI Act to provide me information of Summons issued on me, and having my signature on it. But they had sent me their Office Copy having outward number, date etc. but they can't provide me Summons issued on me with my signature on it, as it is fact that they had not issued Summons on me. They have wrote me that Summons was sent by post. Now my question is that (1) can they send or execute Summons u/s 160 of Cr.P.C. by ordinary post ? (2) does their matter stands a valid matter in the court ? (3) Can I make out any case against Police Officer ? Please guide me in response to my above questions. and I will be highly thankful to all of you. Prabhu Desai Bhavnagar Gujarat.

Querist : Anonymous (Querist) 23 January 2018
I have longed my complaint in honourable court before a year ago, and the court has transferred the case u/s 156(3) to the concerned police station for investigation. Before a month ago, I had received phone from concerned investigating officer (Head Constable) for to record my statement. ( Earlier they had called me for recording my statement and they do not record any statements but they talks about the case and after a hour they ask me to go. This was happened with me for 3 times.) As I received phone from their side, I asked him to summons me and then after only I will appear before you. I have not received any summons from their side. But they reported to SP that they had summonsed me u/s 160 of Cr.P.C. and the fact is that they are wrong. Based on report submitted to SP, I Filed an application under the RTI Act to provide me information of Summons issued on me, and having my signature on it. But they had sent me their Office Copy having outward number, date etc. but they can't provide me Summons issued on me with my signature on it, as it is fact that they had not issued Summons on me. They have wrote me that Summons was sent by post. Now my question is that (1) can they send or execute Summons u/s 160 of Cr.P.C. by ordinary post ? (2) does their matter stands a valid matter in the court ? (3) Can I make out any case against Police Officer ? Please guide me in response to my above questions. and I will be highly thankful to all of you. Prabhu Desai Bhavnagar Gujarat.

Notice U/S 160

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