Summons under section 61 of the cr.pc
jayashree
(Querist) 21 February 2016
This query is : Resolved
My maternal uncle who resides in Belur recently filed a NC against his neighbour for physical assault.
The police came to the house and asked some questions to the complainant, accused and the neighbours.
Two days later, both the my uncle and the person accused of assault were served summons under Section 61 of the CrPC to appear before magistrate.
My uncle here is the victim of assault and made the complaint in the first place. From the summons, it appears that he is the accused. He is due to appear before the magistrate, which he will.
My query is: Under the circumstances what should he say before the magistrate as clearly the summons makes him look like an accused. Can he write his statements and facts on a paper and submit to the magistrate or an affidavit stating the same? What is to be done, please advise.
Devajyoti Barman
(Expert) 21 February 2016
It appears the assaulter has lodged a complaint agaisnt your uncle.
And the complaint of your uncle is not acted upon.
So your uncle now should go to court and file a complaint u/s 156(3) crpc to treat his complaint as FIR and send this to police to necessary investigation.
If case is lodged agaisnt your uncle then take proper information and seek bail from court.
rajagopal.s
(Expert) 21 February 2016
Hi
It is a summon issued to your uncle.
your uncle should go to the court and depose to the magistrate.
no worries. Also your uncle can take an advocate along with him in case the other party has filed an FIR against your uncle and the same is yet to be disclosed to you.
Adv. Yogen Kakade
(Expert) 21 February 2016
rightly answered by the experts above.. your uncle should mention the truth before the court.. it is advisable to appoint a lawyer for the same for proper defense.
Rajendra K Goyal
(Expert) 21 February 2016
If FIR has been lodged against your uncle, he should and take bail.
If no action taken on his complaint, he should file direct complaint to magistrate u/s 156(3) for investigation.
jayashree
(Querist) 21 February 2016
Thanks a lot to all the experts for your valuable guidance. Best regards.
