Magistrate/ Police Officer cannot issue notice to accused during enquiry under S. 202 of CrPC : Calcutta HC
By Team Legistify / 2017-07-05

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The Calcutta High Court has held that a Magistrate or a police officer is not entitled to issue notice upon the accused to appear and participate in the proceeding in the course of enquiry under Section 202 of Code of Criminal Procedure.

The judgment was rendered by Justice Joymalya Bagchi in a petition filed by one Ramesh Sobti . Advocates Ayan Bhattacharyya and Sayak Ganguly appeared for the petitioner while Sandipan Ganguly, Arkadeb Bhattacharyya and Abhishek Bhattacharjee appeared for the respondents.

The case pertained to a notice issued by Officer-in-Charge, Shakespeare Sarani Police Station under Section 41A of the Code of Criminal Procedure upon the petitioner in the course of investigation under Section 202 of CrPC. This was challenged by the petitioner.

The issue which, therefore, fell for Court’s consideration was whether a notice to a proposed accused in the course of investigation/enquiry by a police officer under Section 202 Cr.P.C. is valid or not.

The Court held that the enquiry under Section 202 is not a full-fledged investigation but is only limited to verifying the prima facie truthfulness in the allegations.

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