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Binod Kumar Mishra (Government Service)     20 June 2009

summoning under 160 Cr.P.C. by CBI

a person has been granted loan for purchase of a ready built house from a private builder. the office has done every formalities before sanctioning of loan. the said loan was disbursed. later on the builder on one reason to other not started the work and in the meantime the office has started pressurising the employee to submit the sale deed.

the employee has written to the office that the sale deed is not availale to him as the builder has not completed the project, so as and when the said will be available the same be submitted before the office. in the meantime one day it was flashed in print and electronic media that the builder has another business and that is of providing job to unemployed youth after taking money from him. all of a sudden a number of cases has been launched on the builder and the said builder has underground.

 

in the meantime the employer already started deducting the monthly instalment from the salary of the employee. later on the employer charge sheeted the employee on the same and later on forwarded the same to CBI for further investigation.

 

later it was learnt by the employee that the builder has after a lapse of more than 2 years all of a sudden comes to either the office of the employer or in the office of the CBI and submitted that the sign made on the agreement was not of his and on that basis the CBI has registered a RC case against the employee and issued a notice under 160 Cr.P.C. to accused to attend before him.

 

now the employee is afraid that if he goes there CBI will put him under custody.

 

in the meantime the employee has gather a lot of information about the cheating of the builder and his father. a number of cases of forgery and cheating are pending against the builder. his father was arrested on the same charges and later on was released on bail. after that the builder has also managed the anticipatory bail.

 

now please learned friend guide what the employee will do. will he go for Anticipatory Bail or go to CBI office from his notice under section 160 Cr.P.C.

 

please reply at the earliest possible.



Learning

 5 Replies

Binod Kumar Mishra (Government Service)     20 June 2009

the employer was deducting monthly instalment from the pay of employee. the CBI has lodged the RC case under section 420, 467, 468, 471 and 13 (2) 1 (d) of PC Act.

is this the embazellement of money. since the employee is liable to pay the entire amount to his employer then question of embazellement is right as quoted by CBI.


(Guest)

Kindly read 
2004 AIR 2282 OR 2004 (2) Suppl.SCR 71 OR 2004 (5 ) SCC 729 

Being accused CBI have no rigt to call him for any investigation, as per CrPC it says "160 Police Officers power to summon witness." and not accused. But CBI can call him for attendence that too prior to executing arrest and hence CBI cannot call him after arrest with notice U/s 160 crpc.

Don't forget to get the sign of the Investigating Officer on photo copy of notice they have sent to him. CBI IO will write that he has attended or joined investigation. This is going to be only proof that he has obeyed the notice.

If they refuses to mark his attendence then dial 100 no. and tell them that you have been called by IO vide notice u/s 160 and now he is refusing to mark your attendence hence , you attendence should be marked.

Rgds
D. Arun Kumar
 

 

Binod Kumar Mishra (Government Service)     20 June 2009

Thank you very much sir for replying. the main purpose of asking this question that will i go for Anticipatory Bail. the contention of CBI for lodging the case is right or not. as since this a relation between employer and employee, and the employee is liable to pay the government money, so question of embazellement and other section of IPC are justified or not.

Anil Agrawal (Retired)     21 June 2009

 I am surprised to read this. CBI does not act on private complaints. It will not touch the builder's complaint with a barge pole otherwise all and sundry will refer the case to CBI. CBI acts only when the Central or State Government directs/requests. The information provided by the sender is sketchy and incomplete. How can CBI take a case between an employee and his employer whether it is cheating or embezzlement? Please give full details.

Durgal (Student)     30 July 2011

Dear Sir, i would like to know weather Police Officer can summon any person whose name does not appear in the list of wittness for examination u/sec. 160/91 Cr.P.C. 


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