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Prashanthh (Private)     07 February 2015

Query about police enquiry (mode of communication)

Dear all,

A trap was laid by the vigilance and anti corruption and no statement had not been recorded by the police from the accused so far.

It has been 4 months since the trap happened and the police is yet to submit charge sheet. Now a police official calls through mobile and insists the accused to come in person for enquiry and for recording of statement without any notice or summon. He says that the accused should give an ORAL statement. Should the accused go and give his version of statement ? Please advice if there is any law that states even if the police calls by mobile the accused should be present at the police station for enquiry. 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 February 2015

For convenience purpose, police adopt such easy methods, however they can very well summon the accused to the police station by sending them a notice under criminal procedure code.

Advocate/CS Sanjeev Kataria ( Advocate)     17 February 2015

S. 160 authorise a police officer to issue summon upon any person to join the investigation. Accused can ignore the mobile calls etc. if you are not satisfied with the pace of the IO, approach the higher officials of the police to get the momentum in the case. Although chargesheet need to be filed withing 90/60 days as the case may be but police may file it after this period also.


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