The Bombay High Court has issued clear guidelines directing police to provide a copy of the complaint to individuals summoned for a preliminary inquiry, even before the registration of an FIR. The court said that calling a person for questioning without sharing the complaint details violates principles of natural justice and constitutional protections.
A bench of Justices Ravindra Ghuge and Hiten Venegavkar stated that if it is not feasible to provide the full complaint, the notice must at least include a clear summary of the allegations. The court emphasized that such transparency is essential to ensure fairness during the inquiry process.
The High Court also clarified that exceptions to this rule should be rare and allowed only in cases where disclosure could hamper the investigation or pose a risk to the complainant or witnesses. In such instances, police officers must record specific reasons in writing for withholding the information.
The court has further directed the state’s Director General of Police to circulate these guidelines across all police departments to ensure uniform implementation and to prevent arbitrary practices during preliminary inquiries.
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