io and investigation


Dear Learned members,

if in an NBW, in the name of investigation, IO verbally (Note: Not in writing) calls accused to give his statement, and accused does not come, apparently waiting for written summons, etc; and if IO says in court that accused not cooperating, is IO correct ? pls suggest.

 
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Lawyer

What actually are the facts of the case?

 

Whether the accused is on bail or not?

 

The IO need not to send written notice only, if he has called the accused but the accused refuses to cooperate then he has got sufficient reasons to aprise the court of the non cooperation by the accused.

 
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Law Consultant

Very rightly advised by @Kiran Kumar.

 

Additionally, even if the I/O state befire the court about your non-cooperation, then you can apprise the court that the I/O is not serving any written notice and is calling you only over phone. Pray to the court to ask the I/O to send a formal notice under CrPC for formal documentation purpose and to avoid confusion at latest stage.

 

//peace

/Saurabh..V

 
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Dear sirs, thanks so much for your contribution.

Facts are as under:

Facts of the case - 304B ; however, the case is frivulous.

Whether the accused is on bail or not - accused was never arrested. only now AB applied.

the accused has never said he will not cooperate. he has sent his written signed statement to IO via reg. post. is this valid?

IO states in court during AB hearing that accused not cooperating by not appearing before me.

Is the IO correct by saying this? does written statement not suffice? or personal appearance is necessary ?

pls advice. what should accused do? apparently IO is interested in arrest; investigation seems least on his mind.


thank you.


looking foward to your replies.

 
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Sir, if the IO calls after registration of FIR and AB is not granted yet. Saying only statement needs to be taken, should a person go to Police Station?

 

 
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