Can a police officer ask a(accused) person to accompany him to police station on the basis of a telephonic complaint without filing of FIR and without going to the site of alleged crime for negotiations with the complainant.And if the (accused) person is assaulted by the complainant along with his friends on the way to police station in his presence.Then what legal action can be taken against the police officer.
Registration of FIR is not mandatory for starting investigation in a cognizable offence. If there is commission of a cognizable offence about which complaint has been made, there is no legal bar on calling the accused to police station even before registration of a formal FIR. However, calling the accused for negotiating with the complainant may not be permissible since it is not the job of police to facilitate negotiations between parties.
Depending upon what injuries have been caused during the assault, the relevant sections of IPC (such as Section 323, 324, etc.) may be applicable against the assailants. If the police officer has not been involved in the assault directly or indirectly, then he may not be directly an accused in the assault case. But, he may be responsible for his negligence in performing his duties and failing to prevent / control the assault. Depending on facts of the case, such police officer may be liable for the assault sections, or under Section 166 IPC or 221 IPC or may be only for departmental action. It will depend on the detailed facts of the case.
Thanks a lot for the reply.
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