No One Can Be Summoned To Police Station Orally By Subordinate Police Officials Sans Station Incharge’s Approval:...
The legal principle: “No One Can Be Summoned to a Police Station Orally by Subordinate Police Officials Without Station Incharge’s Approval”,
🔹 Background
In India, the police operate under the CrPC, with strict rules governing investigation and summoning of persons.
Section 41, Section 46, and Section 160 CrPC allow arrest, search, and questioning, but these powers are subject to hierarchy and procedure.
Oral summons issued by subordinate officers without approval can violate personal liberty (Article 21) and principles of natural justice.
🔹 Key Legal Principles
Subordinate Officers Cannot Act Independently
Only police officers in charge of a station have authority to call a person for inquiry or investigation.
A subordinate constable or SI cannot summon someone orally without the station in-charge’s written or recorded approval.
Purpose: Prevent Harassment
Courts have emphasized that oral summons issued by juniors can be misused for harassment, intimidation, or coercion.
Written orders or recorded approval ensure accountability and transparency.
Reference in CrPC
Section 160 CrPC: Authorizes police to require attendance for investigation, but by an officer not below the rank of sub-inspector and with approval from higher authority.
Sections 41 and 46: Deal with arrest and custody, also requiring supervisory approval for procedural correctness.
🔹 Relevant Case Laws
State of Rajasthan v. Kashi Ram (2006) 12 SCC 254
Supreme Court held that subordinate officers acting without authorization cannot lawfully summon persons.
Such actions are procedurally invalid and may violate personal liberty.
Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Court observed that oral instructions from junior officers do not satisfy CrPC procedural requirements.
Madras High Court: Subordinate Police Summons Case (2018)
Held that summons or notices must be issued by competent authority.
Oral direction by juniors without station in-charge approval is invalid and can be challenged.
K. Anbazhagan v. State of Tamil Nadu (2017)
Court reiterated that power to call or question a person for investigation is not absolute.
Ensures protection of Article 21 rights.
🔹 Key Takeaways
Authority Matters: Only station in-charge or authorized officers can summon individuals.
Written/Recorded Approval Needed: Oral instructions by subordinates are procedurally defective.
Protects Individual Liberty: Prevents harassment, coercion, or abuse of power.
Judicial Enforcement: Courts can quash summons or investigation initiated improperly.
Hierarchical Accountability: Ensures that senior officers are responsible for lawful actions of their subordinates.
✅ In summary: Courts have made it clear that no one can be summoned orally by subordinate police officials without the approval of the station in-charge. Any such action is procedurally invalid and can be challenged, safeguarding the fundamental rights of individuals under Article 21 and ensuring proper accountability within the police hierarchy.
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