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Police asking written statement for only complaint report by wife

(Querist) 11 February 2012 This query is : Resolved 

Dear All,

I am akhalaque Ahmed, from last 7 month my wife is living with their parents and give false complaint agianst me n my family for domestic violence (498A).From last 7 months complaint is pending in police station no offence is registred yet.but from some ASI of police dept. keep calling to me n my family members to give written statement about the complaint report by your wife.

my question is these kind of action is justify under legal terms. please advice me for the same

Thanks &Regards

Akhalque Ahmed

ajay sethi (Expert) 11 February 2012
police are justified in making detailed inquires .recording your statement .
Akhalaque Ahmed (Querist) 11 February 2012
Sir, but they haven't registered offence agianst me n my family?
ajay sethi (Expert) 11 February 2012
your wife has filed written complaint against you . police are bound to investigate to find whether there is any truth in alleagtions made against you and your family members . coperate with police
prakash vathore (Expert) 11 February 2012
hi,
if yr wife had registered complaint with the police station then in that case police shold arrest u and yr family on the basis of FIR. but still u are not arrested means there is no complaint registered under 498a. so pls go and check what has been complain to police.
Deepak Nair (Expert) 11 February 2012
Approach the police station and findout what complaint is given by your wife.

Police is right in demanding your statement as it is the duty of the police to record the statement of those against whom a complaint is filed.

Non dooperation with the police may be disadvantageous to you.
Adv.R.P.Chugh (Expert) 11 February 2012
The police officers are under a duty to investigate and in that regard - they can call to the police station for recording of statements (though not men under 15 or women whose statements are to be recorded at their houses). But this can be legally done only after he serves you with a 160 CrpC Notice, apart from that don't pay heed to their oral requests.
Also file an RTI to get a copy of complaint filed by your wife.


Feel free to seek any clarifications.

Best of Luck !

Bharat
Advocate (Delhi)
Convenor : Lawyers for Social Justice
Tel : 9810553252 (only 6 to 9 PM)
Rajeev Kumar (Expert) 11 February 2012
Police are investigating the matter and record the statement of you n your family are in the interest of you. So cooperate the police.
Sankaranarayanan (Expert) 11 February 2012
Without any complaint no police ask you to made statement. You go and assertain the reason
Sankaranarayanan (Expert) 11 February 2012
Without any complaint no police ask you to made statement. You go and assertain the reason
Shonee Kapoor (Expert) 12 February 2012
You are free to make any written statement or not.

Police can not force you to give anything in writing. However, in the absence of any Written Statement, they can proceed to register the crime.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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