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In a supreme Court judgement, it was held that a policeman cannot issue notice to the accused as that would be widening the scope of section 202 of the Code of Criminal Procedure. If the Policeman was allowed to issue notice, it would be providing the cop with more power than that of the Magistrate himself who does not have this right. The Cop may investigate by other means such as going to the spot, interrogating the complainant and witnesses, search and seizure but he does not have the power to issue notice to the accused.
A police officer is a delagatee of the magistrate to perform the investigations and he cannot thus hold more power than the Magistrate himself.
Click here to view judgement
