The Allahabad High Court in Ram Vilas Thru. Daughter Sarojani And Another v. State Of U.P. Thru. Prin. Secy. Home And Others no person, including an accused, can be summoned to a police station orally by subordinate police officials without the consent/approval of the station in charge.
It was clearly directed to the Authorities that "In case any application or complaint is given at any police station which requires investigation and presence of the accused then a suitable course of action as prescribed under provisions of Criminal Procedure Code are to be followed which contemplate a written notice being served upon such a person but that too only consequent to a case being registered."
It was stressed by the Hon’ble Bench that “the life, liberty, and dignity of any person can not be thrown to the winds merely on verbal orders of police officials.”
The instant habeas corpus arose out of a letter petition filed before the High Court wherein a girl (Sarojani) had alleged that her parents (Ram Vilas and Savitri) were called to the Police Station- Mahila Thana, Lucknow, from where they did not return back.
The court after hearing the facts observed that "In such case, we, after deliberation express unhesitatingly that there appears to be someone amongst the police personnel who fished in troubled waters and took advantage of the situation both to the detriment of private parties as well as to the working efficiency of the police system and in particular the police station concerned. It is incumbent and obligatory upon the police authorities concerned to nip the mischief in its bud. The right of a citizen not to be detained or restrained by the State or its instrumentalities without the backing of any law is fundamental as reflected in Articles 19(1)(d), 21 and 22 of the Constitution of India."