Regarding notice from police officer under crpc 160
MANJEET KOUR
(Querist) 11 August 2016
This query is : Resolved
Respected Sir,
It is to be submitted that my brother have been working in Malaysia since October 2015.He have received a summon through email for appearing in women cell by SHO of women police cell regarding dowry and harassment case filed by his wife which is completely false and proved by family members .He cannot come due to job obligations.Is it correct to ignore that email and not answer anything in reply?
Ms.Usha Kapoor
(Expert) 12 August 2016
Dear Client,
Your brother can get the False FIR quashed by filing a criminal Writ petition under Article 226 of Indian Constitution on the ground of false baseless and no substance allegations etc.File either a Writ of Mandamus or a writ of Certiorari to quash the FIR and also advise him to take anticipatory bail.Issue an appropriate and suitable reply to section 160 Cr.P.C notice of Police officer also through your defence lawyer.
Rajendra K Goyal
(Expert) 12 August 2016
Full case file need to be referred, discuss with your lawyer.
MANJEET KOUR
(Querist) 12 August 2016
I am so much thankful for all replies.At present the situation is our father received call from SHO of women cell that a complaint has been filed against us regarding false dowry and harassment case in the month of june,dated 13 june,2016 and we are called for our statements,while the brother is in Malaysia.All the discussions and quarrels were held in police station and proofs regarding false allegations had been submitted with the reply to the complaint lodged against our family.The conclusion of all discussion there in police station is other party is demanding unnecessary money ,while we already had given enough money during her stay with the family (like all the gold ornaments and jewelry costing 5 lakh is with the girl,the money around 5 lakh in case were given to her at the marriage also car is with her which was brought by us).So the discussion regarding more money had been stopped since a month.They are demanding 15 lakh more.
And after 2 months the SHO had just send a notice to appear under CrPC 160 to the brother that too via email.My father have not been intimated about this notice by SHO. So what if he could not come or don't reply to that notice for appearance? or it can be ignored by giving a letter from company that he cannot come.
Sudhir Kumar, Advocate
(Expert) 13 August 2016
letter from private company abroad is not binding for police to be accepted.
Dr J C Vashista
(Expert) 14 August 2016
Advise him (your brother)to attend the case.
