The notice to Neha Rathore under 160 Cr.P.C. is clearly illegal, as explained below.
Section 160 states :
” Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides ”.
Neha Rathore was in Delhi when the notice was sought to be served on her by the police of police station, Akbarpur, district Kanpur Dehat.
But a plain reading of section 160 shows that the police of police station Akbarpur, Kanpur dehat could only have served a notice under section 160 on a person within the territorial limits of police station Akbarpur, Kanpur Dehat, or an adjoining police station. How can they serve it on a person in Delhi ?
Moreover, the proviso to section 160 has also been violated since Neha is a woman.
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