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ramesh (student)     24 October 2013

Summons u/s 160 of ipc

Its comes to my notice that my ex-office received an notice u/s 160 of IPC from Chennai police to appear at Chennai. I am residing at New Delhi .  In the notice the following is mentioned:-

Whereas  the undersigned is investigating Chennai P.S. Crime No. 168/2012 u/s 341, 504, 506 r/w 34 IPC & Section 13 of Prevention of Corruption Act, 1988.

And Whereas it appears from the investigation that you are acquainted with the facts and circumstances of the case under investigation  with me.


Now, therefore, this is to require you to remain present in the office of undersigned at Sub Divisional Police Office, Chennai along with documents related to your Chennai office for investigation on dt. ____________ at __________ a.m. and not to depart without leave.

 

Now I am not working with that employer and I have no papers of Chennai Office and also till date I have not received the said notice at my resident. The notice received in my name at my ex-employer office address.  I also want to inform you that the  Prevention of Corruption Act, 1988 is not applicable on me. Since I am not a Central/State Govt. Employee.

Now I want to know what is implication if I am not attended the same and what remedies is available with me.

 

Pls respond urgently.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

Sec 160 of IPC refers to 'Affray'. If your ex-office received the communication from Police, were you informed about your presence before investigating officer by the ex-office on the instructions of the police?  If you have not been officially communicated, do not bother to attend the inquiry session so soon, wait and watch for developments and take a stand on the basis of progress of investigations.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Querist

the summon has been issue by the police/IO under section 160 of Cr.PC & not IPC 

160. Police officer' s power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence.
you can send a written application with your statement if you are unable to appear before IO.
feel free to call
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