Jonathan D (Practising Advocate) 02 October 2010

CrPC Sec 160

I had made a written complaint with local SP of hill station (Maharashtra) against a hotel alleging violations of various sections of Bombay Prohibition Act. Subsequently I had filed an RTI asking for status of complaint. Now local PS has served notice u/s 160 of CrPc asking for appearance .

There is a danger to life if I appear in the local PS there may be chances of false case being filed since the opposite person is influential local person.

Also, I have received the notice after the date on which apperance was demanded. Noitce was dated 24th Sep, asking for appearance on 29th Sep, but local post office of hill station shows dispatch only on 28th Sept, so there was no way notice would reach me on time

I plan to write back to local PS explaining that I could not appear on given date on account of non receipt of notice. Is there any provision under which the local PS can send official to my residence (outside local PS jurisdiction) to record my statement?

What can I do now? What action can police take if I ignore notice u/s 160 CrPC?

Please advise

Jonathan

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4 Replies

Jatin Sapra 9312223345,Delhi (Advocate) 03 October 2010

Hello,

These are true colours of police , Anyway first of all as you have to protect urself Sec 160 Cr.P.C gives power to police but surely they can arrest you .

Seek Anticipatory Bail from Sessions court and mention the reason of ur non appearence.

Definatelt Police will file Reply to ur application.

DEEPAK ASSOCIATES (08010117611) 04 October 2010

First of it is to clear that the RTI is not effective untill the inquiry is not completed. the Police is not bound to answer the RTI till the conclusion of inquiry upon complaint.

As regards to section 160 CrPC empower a police officer to call witnesses. However under section 160 CrPC the witness cannot require to examinaton if the inquiry is regard to Section 145 CrPC or collection the evidence u/s 107 to 110 CrPC. Disobedience may call offense u/s 174 IPC

Time barred notice become infrasturer. It is to intimated that refusal of notice u/s 160 CrPC is not an offense

As danger to life if I appear in the local PS there may be chances of false case being filed since the opposite person is influential local person, the court is only solution, you can approach the Hon'ble court for Anticipatoryt Bail or direction to police to protect ur life.

Duhan Shah (Director) 19 February 2013

Hello,

Can any one assist me with the consequences of non-appearence under section 160 CRPC. A police station in Gujarat has summoned me ( I reside in Maharashtra) under section 160.