Notice under 160 cr.p.c

the High Court, by an impugned order has given a direction to the State Government to issue circulars to all the police stations instructing the police officials that the woman accused/witness should not be summoned or required to attend at any police stationunder Section 160 Cr.P.C. but they must be enquired only by women police or in the presence of a women police, at the places where they reside. The High Court has issued a further direction to the Government to ensure that this instruction is strictly followed by the police in future.

@ Rama Cherry Cell

Thanks for your reply. Can you please share any document/judgement where this direction is given by high court. Does this direction applies to that particular state only or all states in India.

I have asked one question in my query that if the notice issue u/s 160 CR.P.C is only for witnesses or against the accused also the notice can be issued in this section?

Thanks

Dear Pun,

IO has send the notice to accused to join the investigation, not as witness. It is the duty of accused to join investigation. The section imposed is non-bailable. It's better get Anticipatory Bail as you have sufficient reason to believe, you have got notice from IO. approach session court fo bail.

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

Rajiv sir,

In my 498A case the chargesheet is already filed and mother is on regular bail. police is sending the notice just to harass and to make compromise on other side conditions. Wife side is giving directions to police and police is doing every wrong thing they can do.

 Mr. Rama Chary cell has mentioned above that in case of notice u/s 160 Cr.P.C any women accused / witness should be enquired at the place where they resides. In my case my  mother is in other state then Pls suggest what to do in this situation and if the police is just issuing the notice just for the harrasment, is my mother oblized to come at my police to attend the police station?

Thanks

Once chargesheet is filed in 498A , Police role is over. Then IO will come only during trial of the case.

Get strong lawyer's advise and represent this fact in the court about the harassment by police.

My case is similiar to that of  "pun". My Father & Mother have been directed to appear before I.O. in C.A.W. cell of another state. Parents Anticipatory bail was rejected earlier. Plz suggest what to be done now?

Dear,

There is likelihood that your parents be arrested on the pretext of Investigation. Even earlier your parents anticipatory bail had been rejected / dismissed, you should have approached the High Court. Now there is no escape route. Either to appear before IO or approach High Court. 

Rajiv Bhasin 

Advocate