Notice u/s 160 cr.pc
Nirmal Singh
(Querist) 14 August 2013
This query is : Resolved
a retd. police officer filed an appeal before competent authority under RTI act and sought copies of his ACRs. it was transpired that his ACRs were missing . an inquiry was ordered by IGP which was thoroughly conducted by Supdt. of police . The SP fixed the responsibility of a clerk and case u/s 409 was got registered by the Inspector general of police by writing a memo along with documents to the SSP.at first instant the cancellation report was presented in the court but the the said retd. police officer who is only applicant/appellant under RTI act and never blamed anyone for his missing ACRs in his appeal to competent authority under RTI act,made a statement before court that he do not agree with the cancellation report.later the same applicant filed a writ in high court and the High court transferred the investigation. now during fresh investigation under high court order, a notice was served upon to applicant under 160 cr.pc. but the applicant refuse to give statement under 161 cr.pc rather he made a written singed statement admitting the fact that he made an application under RTI act, but he is not a complainant rather it is IGP POLICE, who wrote memo to SSP for registration of FIR.( He is a formal witness, and his only statement is that he submitted an appeal and sought copies of his ACRs which was not provided and FIR was got registered.he identifies his signature ) ....now what should be next course of legal action in getting his statement under 161 cr.pc.whether at the time of presentation of challan we Can maKe an application to call him under section 311 cr.pc or whether we can make the concerned Govt official as witness to whom he submitted his signed statement.how can we record his statement under section 161 cr.pc,
Nirmal Singh
(Querist) 14 August 2013
Thanks..My self is conducting the investigation....
Raj Kumar Makkad
(Expert) 14 August 2013
Every person is bound to assist the police especially a person, the matter of whose is the subject matter of FIR. If the applicant has refused to provide his statement under section 161 criminal Procedure code then a case should be filed against him.
