Summons under sec. 160.
Querist :
Anonymous
(Querist) 23 January 2018
This query is : Resolved
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.
Guest
(Expert) 23 January 2018
Nothing is possible, as due to their daily experience and routine, they are always smarter than a layman. You may better hire services of some lawyer to help you get your statement recorded or to pursue you case in proper way.
