mukesh (Executive) 13 May 2010

Notice to witness

Sir,

I want to ask a question.

Are the police bound to issue a notice / summon u/s 160 to witness for record the statement u/s 161.

if IO doesn't follow this rule , is it abuse of law ?

Can we raise questiuon in the court , if IO abuse law once , he did many times.

Does it work or it is just nothing ?

mukesh

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4 Replies

WHATSAPP 91-8075113965 (advocate) 13 May 2010

normally police will issue anotice to witness to be presant in a police station on a particular date, and at a particular time. but, if they goes directly to the witness"s residence/ office for taking statement u/s 161, it cannot be said as an abuse of process of law.

moreover, a lady witness should not be brought to the police station, by issuing a notice, for recording her statement.

SALIL KUMAR.P

ADVOCATE

THALASSERY-670101

MOB :09447536929

Kiran Kumar (Lawyer) 14 May 2010

another aspect I would like to add that Magistrate has no power to transfer investigation from one IO to another, you may approach high court in case of severe injustice being caused to you by the act of IO.

G. ARAVINTHAN (Legal Consultant / Solicitor) 14 May 2010

notice not necessary when investigation takes place

N.K.Assumi (Advocate) 14 May 2010

I agree with Kumar, as Summon are issued by the Court, and if IO of the case wants to record the statements of witness he can send notice to the person inspite of going directly to his residence, under the circumstances it can not be an abuse of law by the police.