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rahul (md)     21 June 2015

Need help

sir,

i have got a hand written letter from mumbai police to be present in the police station within 7 days regsring some sort of crime under 406,420 34ipc.i am not sure whether thats fir or just a complaint.How can i be sure abut that.i am attaching the letter that i have got.



Learning

 3 Replies

Saurabh..V (Law Consultant)     22 June 2015

Generally attendance notices are sent by Investigating Officers to an accused in a case. The case may or may not have been registered i.e. the complainant files the complaint and in return the police station provides a diary entry number that is generally reffered to as B. Once the complaint is confirmed after investigation, the diary entry is changed into FIR and called as A. So once a case (suppose) is registered as 39/B, the same will be registered as 39/A as a FIR.

 

Also, the notices are sent on a pre-formatted printed govt. paper which is sent under S.160 CrPC. If you have received a hand-written notice, locate the text that says "under S. 160 CrPC". However, it doesn't matter if it is on a pre-formatted printed paper or just simple hand-written notice, it is to be taken seriously.

 

The sections mentioned by you relate to Cheating & conspiracy. So there must be other people also involved in your case.

 

In your case, you should first check and send some reliable person, preferably a lawyer to check what is the case all about and try to fetch copy of the complaint. Then take action accordingly!

 

If you walk into the police station just like that, you are inviting trouble. The I/O might even arrest you there and then.

 

//peace

/Saurabh..V

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     22 June 2015

Is it a notice under 41-A

Further, write a RTI to DCP & ask fw questions relating to this letter as comes to your mind mentioning 48 hours clause. If in next 6 days you get no response then that means no chances of arrest. CAUTION:- But still you would need to be cautious because if bribing has been done then they can go a step further thru different forms of manipulations

Saurabh..V (Law Consultant)     23 June 2015

@Chatur, I beg to differ by your view on the applicable section. The S.41ACrPC, deals with cognizable offences, under which an authorised police officer can arrest the accused directly without an order from a Magistrate. However, S.160CrPC deals with the attendance of an accused before him. Also do you really think DCP will allow him to escape the clutches of the Law? Everyone gets the equal share in the process you see!

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