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  • Writer's pictureChambers of Daksha Kumar

Can the police summon a person/proposed accused without registering an FIR?

Police officers have no authority to summon a person or suspect without filing an FIR, first. Every individual has a fundamental right to life, liberty, and dignity that must be protected at all costs.

It is also written explicitly in Indian Constitution articles 21 and 22. A person cannot be held in custody just because of a verbal complaint. Even if an FIR is filed, the offender cannot be detained right away.

Before detaining someone in custody, the police must obtain approval from the magistrate. In most cases, a police officer does not have the authority to arrest someone based on suspicion.

A daughter in Lucknow filed a petition to detain her parents in custody in Mahila Thana, Lucknow, from where they did not return.

The petition was treated as a habeas corpus petition, and the hearing was begun on that basis. According to the police officer, no such occurrence occurred. They summoned the girl's parents to record their statement in the property dispute, and they were allowed to leave the same day.

On the other hand, the petitioner claimed that the police harassed and threatened her parents and demanded an apology from the concerned officer.

The court referenced Supreme Court decisions regarding the right to free movement and found that under Articles 21 and 22 of the Indian constitution, the right to movement is a fundamental right for everyone.

Hence, holding someone in a police station without an FIR is a violation of the act and their right to privacy. The court went on to say that there is no act in the Indian Constitution or Code of Criminal Procedure that gives police officers the authority to summon someone and hold them in custody without filing an FIR.

Under Article 21 of the Indian Constitution, any such act shall be regarded as unconstitutional and unjust, and only fair procedures should be followed by police officers while investigating a matter.

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