Undated Police Notice Could Be Used To Claim Non-Cooperation By Accused: Delhi High Court Flags “Shocking” Lapse, Seeks Action Against IO

The Delhi High Court has flagged serious procedural lapses in the issuance of a notice by the Investigating Officer (IO), observing that an undated notice calling an accused to join investigation could be misused to later allege non-cooperation.

Justice Girish Kathpalia was hearing a petition seeking protection from alleged police harassment in connection with an FIR.

Petitioners contended that despite the offences being bailable, the police were not accepting bail bonds and were subjecting them to harassment.

During the hearing, the Court was shown a notice issued by the IO directing petitioner no. 1 to join the investigation. The Court noted that while the notice mentioned the time of appearance, it did not specify the date, leaving the relevant column blank.

Calling the lapse “shocking,” the Court observed, “It needs to be ruled out that at some subsequent stage, the IO would have taken a stand that despite service of notice, petitioner no. 1 did not join investigation.”

Emphasizing the need to rule out such potential misuse, the Court directed that a copy of the order be forwarded to the concerned Deputy Commissioner of Police (DCP) for appropriate action and for submission of a report.

On the issue of arrest, the IO informed the Court that there was no intention to arrest the petitioners.

Recording this statement, the Court directed that the petitioners shall not be arrested till the next date of hearing, subject to their joining the investigation as and when directed through written notice.

The matter has been listed for further hearing on July 20.

Appearance: Mr. Akshay Lodhi, Mr. Gaurav Kumar, Mr. Ankit Dedha and Ms. Priya, Advocates for Petitioners; Mr. Sanjeev Bhandari, ASC for State with IO/HC Anil for Respondents

Case title: Sonia Bansal & Anr. v. State Of Nct Of Delhi & Anr.

Case no.: W.P.(CRL) 1364/2026

Click here to read order