bharat kothari 08 August 2023

notice under section 41 of CRPC

I am in receipt of notice under section 41 of CrPC under section 498 of IPC calling upon me to come for recording statement about the allegation level against by wife. the police station is 1000 km away from my residence. can I send written statement to them as it is not practically possible for me to travel 1000 km.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 08 August 2023

There is no infirmity to send the written reply from your place to the police station owing to the distance that matters.

You can even remain silent waiting for further action to be taken by the police which is situated more than 1000 kms away from your place.

anubhav Bhatt 09 August 2023

Dera Client, You should appear in person, or you may try to get FIR quashing Petition before High Court, and if you need any more clarification, you may contact us. Then I'll explain properly about your case.
Adv Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

Dr. J C Vashista (Advocate ) 09 August 2023

Before registration of FIR the police (PS where complaint is lodged) shall have to satisfy to take cognisation of allegations or reject it, accordingly it would be appropriate to appear personally before the IO who have issued notice u/s 41 CrPC.

Presumably your wife resides at the station about 1000 kilometers away from you, at her parental house (your sasural) isn't so ? Hence you can have a glimpses of your in-laws place.