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Role of investigating officer in investigation of 498a/406


03-May-2023 (In Divorce Law)
In case of offence u/s 498a/406, is it mandatory for an investigating officer to send summons in writing to the witnesses of the complainant wife in order to record their statements? I did not see any of the summons attached in the chargesheet.
Answers (2)

Answer #1
935 votes
dear client witness summon cannot come with charge sheet. charge sheet is with documents like FIR, 161 statements and other necessary documents. the IO filed the same in Court. in charge sheet there are name of witnesses. after receiving charge sheet in court. the hon'ble court issued summon to witness. call me for further advice. thank you
Answer #2
761 votes
Yes before lodging a FIR Police either Phone Call or send Summons to record Statement of the Complainant, Statement of the Accused and Statement of the Witnesses. It is a general practice. Hope, you understood answer of your query.

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