Order under sections 160 and 175, criminal procedure code
VINEET SHARMA
(Querist) 18 December 2012
This query is : Resolved
Respected sir/madam
We have received order u/s 160 and 175 cpc from S.H.O.What is the legal effect for this order.
Is it compulsory for appearing in the front of S.H.O.If not appearing what is the legal consequences.
Nadeem Qureshi
(Expert) 18 December 2012
Dear Vineet
160. 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 under the age of fifteen years or woman 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.
Nadeem Qureshi
(Expert) 18 December 2012
175. Power to summon persons.
(1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which have a tendency to expose him to a criminal charge or to a forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
R.K Nanda
(Expert) 18 December 2012
no more to add.
VINEET SHARMA
(Querist) 18 December 2012
sir,
if i am not appear in the front of sho , then what is the legal consequences.
Raj Kumar Makkad
(Expert) 18 December 2012
You should not worry on receipt of such notice as the same is sent to join investigation, This may of your personal matter or of the matter related with some other person in which some enquiry might have been thought to be conducted with you.
You should join investigation at any cost.
