Notice serve by the police
Akhalaque Ahmed
(Querist) 11 February 2012
This query is : Resolved
Dear all,
can police serve me notice personaly or they can send notice by post. notice is for asking written statement against complain filled by wife related with 498A.please give your valuable advice.
if i not give statement to police then what action they can take against me n my famaily. i want to give statement in court if police send complain in court.
Devajyoti Barman
(Expert) 11 February 2012
Only private complaint are served through the [Police station.
If it is the state case the Police would simply visit you to apprehend you.
No written statement is required to file in criminal case.
If case is registered of either nature as stated above then first get bail and then contest the case.
Raj Kumar Makkad
(Expert) 11 February 2012
Police may require the accused person to join the investigation and for that purpose a notice might have been sent to you. If you fail to join investigation then police has every right to move to the court to cancel your bail.
Akhalaque Ahmed
(Querist) 11 February 2012
they have filled only complain not registered FIR against me n family.
Advocate. Arunagiri
(Expert) 11 February 2012
It is called petition stage. The police can conduct preliminary inquiry before registering FIR.
Police has no right to summon the accused or proposed accused to appear before them.
They can summon only witnesses.
Shonee Kapoor
(Expert) 11 February 2012
Where have you got summons from?
Has you got summons from CAW Cell? In some states, now the husband is summoned to police station to conduct mediation.
Which state your case is in?
Start attending local SIFF meetings and join http://forum.498a.org/
If you think that undersigned can be of any help, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 11 February 2012
I do agreed with mr arunagiri it is initial inquiry for investication purposes. With these inquiry only the IO come to conclusion wheather have reason or not. So if it s state level then for criminal ccomplaint then need not send written summon.
Akhalaque Ahmed
(Querist) 12 February 2012
Dear Sir,
i will not get any kind summons from CAW Cell? nither get summon from police station from last 7 months. but from last 10 days we are getting phone calls from police station to give a written statement against your wife complaint. again i am telling that my wife filled only caomplaint( offence is not registered).
what type of precaution i will take please guide us.
Advocate. Arunagiri
(Expert) 12 February 2012
Send your advocate to the CAW, to test the pulse of the case. then decide.
