case of surety
md ismail
(Querist) 24 February 2015
This query is : Resolved
Today a policeman came to our house in afternoon. but as no men was there at home the S.I spoke to our mother and went by taking phone no. Of my father. Around 8pm that police S.I called and asked my father to come to police station. When visited to police station S.I says that someone 'A' in 2004 took loan of Rs. 2000 from 'B'. person C is said to be surety. Policeman S.I is saying that they got our address from the loan giver B. According to police C who was a auto driver gave surety to B on behalf of A and that C was tenant at our house. Policeman just have a rough paper with our address written by hand. They want us to show the house of C whom we dont know. Police is not giving any detail about who was A & B..They are not showing any case file but just S.I is saying to show the adress or talk to circle inspector. I feel that this is just a fake issue to get some bribe from us. We are a decent and respected truthful educated family...please advice what should we do now? in 2004 if someone give surety and filed a case then it will be valid till now? there was no such autodriver tenant at our home any time, how we can reply? Should we give bribe and just close this matter (we dont want to give but police may torture us using different ways)?
Kishor Mehta
(Expert) 24 February 2015
Sir,
If the matter is as you state,the police can not force you to do anything against your will.
You meet the Circle inspector and make a statement that you do not know the person 'C', neither was he your tenant and you are in no way connected to the case.
If you are not connected to the matter in anyway you need not be afraid.
Good Luck,
Kishor Mehta
P. Venu
(Expert) 25 February 2015
The police do not have any jurisdiction to inquire into a civil matter.
Rajendra K Goyal
(Expert) 25 February 2015
Meet the circle inspector and clear the position.
Sudhir Kumar, Advocate
(Expert) 26 February 2015
either facts are not clear to you if they are clear then under stand :-
(i) Police is not a civil court and they have no power to enforce debt liability on surety.
(ii) they also have no powers to compel ex-landlord of surety to produce him.
(iii) they can assume power to intervene if they are able to invent any allegation of fraud against the surety which only full documents can show.
Facts given by you indicates that probably the SI is risking his career.
Dr J C Vashista
(Expert) 26 February 2015
I agree with experts advise. Prima facie it is a hypothetical and concocted story.
Guest
(Expert) 26 February 2015
Seems to be a fabricated story.
Anyhow, ask the SI to supply a copy of the FIR, if any, registered against your father by the complainant.
malipeddi jaggarao
(Expert) 27 February 2015
I agree with the clear advice of expert Mr.Sudhir Kumar.
T. Kalaiselvan, Advocate
(Expert) 01 March 2015
This is another tale of abuse of power by police. As suggested, you may meet the circle inspector, give a statement denying the knowledge of the person they are looking for. If the police keeps torturing you further, you may meet the top brass of police of your district and seek relief from such tortures.
