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A.k. Law Intern (rajasthan)     06 June 2017

Police Notice 91crpc and 174 IPC action

If a notice is served to son , while the person is out of town u/s 91 crpc (that too at 5:02pm) The notice is for appearance and give "BAYAAN", (not for production of anything!) Further the person in normal way can't reach in 2 days , as he is out of town & by fastest way, he will take 3 days to reach. Note: The person to whom notice directed is COMPLAINANT itself in the matter.


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 3 Replies

A.k. Law Intern (rajasthan)     06 June 2017

The police is trying to save the accused & pressuring the Complainant. The matter is more than 2month old. & till date nothing has been done by police.

A.k. Law Intern (rajasthan)     06 June 2017

The police is trying to save the accused & pressuring the Complainant. The matter is more than 2month old. & till date nothing has been done by police.

Raveena Kataria (Advocate )     07 June 2017

When you mention nothing has been done by the police, does it mean no F.I.R. has been registered? Or if it has been, do you feel the police are not taking appropriate steps for commencing investigation into the matter?

In case of lack of an F.I.R., the matter can be reported to the Superintendent of Police by a written application [s-154(3), CrPC]. If it's for want of proper investigation, you may even file an application before any judicial magistrate [s-156(3), CrPC].

As to the notice served under s-91 of CrPC, as long as the son had not departed from the town after the notice was issued to him by the police, there's no likeliness of him being charged under s-174, IPC (non-attendence should be intentional for the purpose of the aforesaid section.) However, best to inform the police of the circumstances so the son doesn't appear to have absconded.


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