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Cops can summon accused for questioning: HC
The High Court at Hyderabad has directed the Hyderabad Police to follow Section 41A of Criminal Procedure Code while investigating the matter of allegations against Mussadilal Jewellers owners fraudulently creating 5,200 sale receipts of gold and laundering old high-value notes into bank accounts.
​Hyderabad: The High Court at Hyderabad has directed the Hyderabad Police to follow Section 41A of Criminal Procedure Code while investigating the matter of allegations against Mussadilal Jewellers owners fraudulently creating 5,200 sale receipts of gold and laundering old high-value notes into bank accounts.
Justice Raja Elango passed this order while hearing a petition filed by owners of Mussadilal Jewellers seeking quashing of the FIR.
The judge made it clear that the Court is not expressing any opinion about this petition while giving this direction.
As per Section 41-A of CrPC, instead of arresting a person, the police can direct a person to appear before them by issuing a notice and seek his compliance in the investigation.
As is known, the police has filed a case against owners of Mussadilal Jewellers for laundering over Rs 100 crore of old notes by fraudulently generating receipts of sale of gold.
The police had seized the CCTV footage of the showrooms to verify those receipts with persons who visited the showrooms.
Mussadilal Jewellers MD Kailash Chand Gupta and three more persons approached the High Court challenging the actions of Hyderabad Police. The Court had in an interim order on December 15 ordered the Police not to arrest the accused.
During the course of hearing on Wednesday, the counsel for the petitioners argued that the accused had given a reply to the questionnaire of the police and they were cooperating.
The Government Pleader for Home Department countered saying the accused were not cooperating in the investigation and there was need for detailed inquiry by the police after taking them into custody. The judge ordered that the police must follow Section 41-A of CrPC in this case.
