Legal Question in Criminal Law in India

On fine evening my two neighbors were fighting on some small issue. I alongwith so many other people of the colony intervened into the matter and tried to resolve the fighting. Later on after 2/3 days, one party (say party no. A) complained the file in the police and that was contrary to the facts. However, police registered his complaint against party no. B under various sections e.g. 294, 322, 506B of crpc And party no. B forced to take bail with appropriate court. Later on, party no. B also filed a complaint in the same police stations telling entire true story and as a matter of evidence, party no. B kept me (and to 5 others) as witness. Police recorded the statements of complainant party no. B as well as of all witnesses. Now after almost 30 days of this incidence, today we came to know that local police has taken action against both the parties u/s 107 of crpc and local court has sent a notice to all (including all 6 witnesses) u/s 111 crpc to appear against the magistrate to show cause/ furnish a bail. As per best of our knowledge, nothing is on the record to show that we all witnesses were also indulged in the fighting etc. and we were not at all any party.

My question is whether police is empowered to take action against witnesses too under sections 107, 111 etc. of crpc?

What we (witnesses) should do?


Asked on 2/06/11, 10:12 pm

1 Answer from Attorneys

NIKHIL CHAUDHARI KHAITAN & JAYAKAR

Hello

It might be summons before special Executive Magistrate i.e. before the ACP.

It is just to show cause. You being a witness have nothing to worry.

Advocate Nikhil Chaudhari

9773114567

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Answered on 2/08/11, 8:00 pm


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