Sec.91 cr.p.c. notice issued by sho
Phani Kumar. D
(Querist) 19 March 2013
This query is : Resolved
Sir,
I seek your valuable suggestions. The issues is the Station House Officer issued Notice U/s.91 Cr.P.C. to produce certain things to an reputed organisation. The question is that, whether the institution can give reply to concerned Police Officials to send such notice through court or not ?
Mr. Kumar
Advocate
Adv k . mahesh
(Expert) 19 March 2013
Section 91 says
Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
If an Investigating Officer considers the production of any particular document or thing, necessary or desirable for the purpose of investigation, he may issue a written order to the person in whose possession or power such document or thing is believed to be, for its production under Section 91 Cr.P.C. A Court can also issue summons for production of such document or thing under Section 91 Cr.P.C.
if the case is pending with the court then you can request the police to send the notice through court
Devajyoti Barman
(Expert) 19 March 2013
First find pout whether any FIR is registered or not. If yes then only the Institute is to cooperate with investigation. Else the Police has power to raid and seize the concerned documents.
Raj Kumar Makkad
(Expert) 19 March 2013
Every citizen including institution has to assist the police officer investigating any case and thus has to obey his lawful direction if any made thereto under section 91 of Criminal procedure code. You cannot say to bring the said notice through court as court has also an independent power to use this section.
