Is a Summons meant to be only and always In Writing?
Hi Manish.
I can't thank you enough for all the excellent and important information
on your website. Let me quickly come to my situation here.
My story (only recent events): I am from Lucknow and my wife is from
Kanpur. I have received a number of calls in the last month from a
police station in my in-laws' town where my wife seems to have filed a
498A complaint against me and my family.
The man on the phone said that he is a policeman at one of the police
stations in Kanpur Dehat and that my wife has registered a complaint
regarding dowry harassment with them. He asked me and my family to come
to the police station and settle the matter. We haven't gone there
yet.
I have reason to believe that no complaint has been filed and my in-laws
have just bribed a policeman to call me and make me come to their town
where they will have some of their relatives and a "Dada/Bhai"
kind of guy whom they are friends with and belongs to our community, to
insult and humiliate my family with false allegations, to extort money
and give some concessions to them. Hence I don't want to visit my
in-laws town unless necessary.
My question : Isn't it that the law/process mandates police to send a
written summons to husband to appear at the CAW cell? I have just got a
number of phone calls from a policeman asking me to appear at a
particular police station and have not received any kind of written
communication from the police. Are there any exceptions in which the
police may not send a written summons (like husband's residence being
out of town as it is in my case)?
Best regards,
Bhaskar Bhatatawadekar
P.S.: When you publish this, please only include my question and your
answer and not the story as I am afraid my wife will identify me if she
finds and reads it.
P.P.S : I would like to keep writing to you, taking your advice and
asking you questions while I am still in this difficult phase of my
life. I hope you would be able to find time and respond to at least few
of them. Sorry for my bad English.
asked
Dear Shri Bhatatawadekar
Today being Chhoti Diwali, I am not confident of reaching a lawyer to
answer your question from a legal point of view. I will provide my own
layman's viewpoint to you presently.
You fear of being identified by a certain individual is unfounded.
This story is being repeated in thousands of places across our country
every week, and is one of the most common experiences in legal
battles.
Really how can you trust any joker who calls you on the phone and
claims to be a policeman? I don't think that the law works on a verbal
basis in this country or any other country. You may have seen
yesterday's newspaper. There is an SC order now which says that even
the Prime Minister inter alios can be firmly requested to give
instructions in writing if he wishes something to be carried out. You
are talking about a mere policeman, or to be more correct, about a
voice on a phone line which claims to belong a to a human being who is
a policeman who works in a specific location.
I don't know whether to laugh or to cry at your baseless fear. You
might wish to consider making a complaint to the police in your city
about these telephone calls. Any unauthorised demand by a third party
to come and settle any matter might be considered illegal under the
law, this is my strong feeling.
There is a Madras High Court (Madurai Bench) decision dated
Valentine's Day 2012 wherein it has been held that it becomes clear
upon a cumulative reading of various provisions contained within it,
that the CrPC does not permit any policeman to call any person without
a written summons. This is all that I have been able to find on this
question.
Your English is fine. Thank you for your appreciation.
Cheers and have a happy and safe Diwali
Manish Udar
Only courts have the power to issue summonses. No other authority can
issue a summons to any person. Police is only authorised to issue a
notice to appear u/s 160 Cr.P.C. Such a notice cannot be called a
summons.
mehnat