Asked in Business
Dear Sir, The IO has discretionary power either to issue part one A notice or issue notice or call him directly on phone to attend the investigation officer. You cannot give instructions to a Public officer has to how he should conduct his investigation officer. If you do like that the IO may file B Report that is no case report.
Dear client, You're right, the process seems a bit off. Here's a breakdown of the typical procedure after an FIR is registered in India: After FIR Registration: The Investigation Officer (IO) investigates the case based on the FIR. Notice, not Award: The IO might issue a notice to the accused, not an award or order. This notice directs the accused to appear before the IO or a designated place for questioning or to assist with the investigation. This is based on Section 41A of the Criminal Procedure Code (CrPC). Arrest Warrant (if needed): If the IO believes arrest is necessary, they may seek a warrant from a magistrate. Reasons for Notice vs. Warrant: The seriousness of the offense. The likelihood of the accused fleeing or tampering with evidence. Cooperation potential of the accused. Notice vs. Warrant - Key Differences: Notice: A request for the accused to appear, doesn't compel them. Warrant: Authorizes the police to arrest the accused. Appearance Timeframe: The notice itself should specify the timeframe for the accused to appear at the police station. It's generally a reasonable period, considering the urgency and complexity of the case. Recommendations: If you are unsure about the notice or have concerns, it's best to consult a lawyer. They can advise you on your rights and obligations in this situation.
The offence or sections of FIR may be Bailable so the investigation officer has issued notice to him under section 41(a) of criminal procedure code.
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