No accused may be summoned orally at the police station: Allahabad HC

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Allahabad High Court in Lucknow has ordered the government of Uttar Pradesh that no person including a defendant may be orally summoned to a police station by junior police officers without the consent/approval of the position in charge.

The bench consisting of Judge Arvind Kumar Mishra and Judge Manish Mathur ordered on Wednesday that in the event that a complaint is lodged at a police station requiring investigation and the presence of the accused, an appropriate course of action, in accordance with the provisions of the Code of Criminal Procedure should be followed, which contemplates serving written notice on such a person, but only after a case has been registered.

The bench stressed that a person’s life, liberty and dignity cannot be endangered based solely on verbal orders from the police.

In this case, a petition letter was filed in the High Court in which a girl (Sarojini) claimed that her parents (Ram Vilas and Savitri) were summoned to Mahila Thana Police Station in Lucknow and did not return. .

The petition was treated as Habeas Corpus and was heard on April 8 when the government attorney informed the court that no such event had occurred at the police station.

On 13 April, the applicants Savitri and Ram Vilas and their daughter appeared in court and stated that police officers had summoned them to the police station and that upon their arrival they had been arrested and threatened by police officers.

On the same day, the Inspector of the police station concerned informed the Court that the applicants had gone to the police station on April 8 around 12 p.m. in the context of a dispute relating to the division of ancestral property, and after having recorded their statements, they were allowed to leave the police station around 3:30 p.m. the same day.

In light of the facts of the case, the Court pointed out that there is no provision in the Indian Constitution or the CrPC that compels a police officer to summon and detain a person even without the filing of an FIR, and that also orally.

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