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I have received CRPC 160 notice however FIR is not been registered, and I am accused in the notice.


23-Apr-2023 (In Criminal Law)
I have received CRPC 160 notice however FIR is not been registered, and I am accused in the notice. Police should first register FIR and then send 160 notice and second thing is Police can't send 160 CRPC notice to accused, that means police are violating article 20 sub section 3 what should I do in this situation?
Answers (1)

Answer #1
760 votes
You are absolutely right. Police should have sent you the notice under Sec 160 of the CRPC after lodging FIR. Without lodging FIR, Police cannot investigate the case, it can do mere preliminary enquiry before lodging of a FIR for which it has to serve a normal summons or notice to appear befor the concerned Police Station. You have also rightly mentioned, that, Police is violating Sec 20 (3) of the Indian Constitution. Now, if you have fear of arrest, seek an Anticipatory Bail.
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