THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P.NO.29018 OF 2011 ORDER: The petitioners, three in number, are aggrieved by the action of the respondents in calling them to the police station in connection with a case of their parents (father and mother) being missing. The complainants, who lodged the complaint complaining missing of their parents, are the step sisters of the petitioners herein. A ‘man missing case’ is said to have been registered in connection with missing of the parents of the petitioners from 20.1.2011. In the counter affidavit filed by the 3rd respondent it is stated that, as the complainants suspected the role of the petitioners in the missing of their parents, a complaint was lodged; efforts were being made to trace out the parents; on coming to know of registration of the complaint, the petitioners have resorted to baseless allegations only with a view to prevent the police officials from investigating, in all angles, to trace out the missing persons; as of now the 2nd respondent was not summoning the petitioners to the police station; however they may be required to be called in the course of investigation into the man missing case. Under Section 41A(1) of the Code of Criminal Procedure (for short “the Code”), a police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person, against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him at such place as may be specified in the notice. Sub-section (2) thereof requires the person to whom the notice is issued to comply with the terms of the notice. Since it is not even the case of the 3rd respondent that the petitioners are required to be arrested, Section 41A would only empower the police officer to call them to the police station after a notice is issued asking them to appear before him at a specified place. Leaving it open to the respondents to put the petitioners on notice, as required under Section 41A, in case they are required in connection with the investigation into the complaint registered earlier as “man missing” case, the Writ Petition is disposed of recording the submission of the respondents that as at present, the petitioners have not been called to the police station. No costs. ___________ 14-11-2011 asp