Pardeep
in Corporate Law
Asked June 23, 2013

Can person be summoned without FIR registration?

  • 4 Answers
  • 590 Views

Can a person be summoned to Police Station, without the registration of any F.I.R. against him? Can anyone put the light of law on this aspect. Need immediate answer.

Answers 4

Default avatar
Shashank

Yes! but this summon has to be in the form of a written notice as mandated by section  41A (1). If no such notice is issued the person summoned does not need to go.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Kinnori

Yes, Of course any person can be called to the police station, if there exists any link of crime committed by him/her or instructed, rather supervised by the concerned person. Again if the police thinks the person is an accomplice to any crime. HE can be called to the PS and be interogated, though only in primary investigation. But can never be put in a lock up, even in cognizable offences without the presence of any arrest warrant.

Agree Comment 0 Agrees about 4 years ago

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Parikshith

Ans.  Yes, Police can ask a person to appear before them if there is a reasonable suspicion or credible information of commission of a cognizable office. Section 41 A of Cr.P.C talks about this area of law. But section only talks of issuing a notice directing a person to appear before them . This is applicable only in cases where there no arrest required. It is duty of such a person to comply with terms of such a notice. As along as he complies with the notice police need not arrest him until and unless there are reasons recorded for such an  arrest which is mentioned in the notice .  

 

Cr.P.C only talks about Form of summons and summons how served are to be  issued by the court and it does not talk about the a person being summoned to a police station. Summons in legal parlance can only happen when it is issued by the court. It can be issued by the court only after receiving of an FIR or by a suo motto  action by the court. But going by the logical or English  meaning of the word summon  he can call them to the police station for conducting a process of enquiry. And a person is obliged to support and assist a police officer in the process of the investigation.  

Agree Comment 0 Agrees about 4 years ago

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Rutumbhara

Dear Pradeep, First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences Yes, Police can ask a person to appear even if there is no FIR lodged against him, if there is a reasonable suspicion or credible information of commission of offence. Under Section 41,CrPC, a police officer may, without an order of a magistrate and without a warrant, arrest any person who has been concerned in any cognizable offense But section only talks of issuing a notice directing a person to appear before them . This is applicable only in cases where there no arrest required. It is duty of such a person to comply with terms of such a notice. As long as he complies with the notice police need not arrest him until and unless there are reasons recorded for such an arrest which is mentioned in the notice. Rutumbhara www.lawkonect.com 09555 507 507

Agree Comment 0 Agrees over 3 years ago

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