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Police summon

(Querist) 06 June 2023 This query is : Resolved 
Inspector of police of my jurisdiction has summoned me to enquire about my complaint made in the office of commissioner of police. In Jan'23 I made a complaint about public nuisance near my house in my local police station. local police said they cannot interfere in it. Hence i forwarded my complaint to commissioner of police. Now, COP have inturn forwarded my complaint to same police station which refused taking action for enquiry. Should I attend ? Please advise

kavksatyanarayana (Expert) 06 June 2023
You shall attend the inquiry with your lawyer.
K Rajasekharan (Expert) 06 June 2023
If you have filed a complaint, it is your duty to attend the police station when they need further details about your complaint.

Police officer is not legally authorised to take any case, except in cognisable offences, enlisted in the Indian Penal Code or such other statutes.

What you complained of is a non-cognisable offence, the right place where you have to file a case is the Chief Judicial Magistrate Court in your district.

For many other things the right person to act is the District Magistrate / Collector.

Public nuisance is a vague word. I think the matter you complained of is the one on which the District Magistrate may have power to act.

Sudhir Kumar, Advocate (Expert) 08 June 2023
if police takes no action on nuisance give application to SDM u/s 133 CrPC.
Dr. J C Vashista (Expert) 08 June 2023
You may move complaint to your area Magistrate through a local lawyer.
T. Kalaiselvan, Advocate (Expert) 10 June 2023
If you have been summoned by the police station in this connection, then it is pertinent that you visit the police station and cooperate with them for the inquiry or investigation process.


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