Mahesh2010 (Occupation) 03 October 2009

Baseless Police Complaint

Resp Members,

A person lodge a complaint with police and try to harass Opposite party, by making false allegations in the complaint, which do not have any basis or evidence support at all.

But, Still Police officer have called both the parties to Police station for hearing their Say.

After taking information, police concluded that, complaint is totally false and baseless and thus police told complainant that, his complaint can not be entertained as it is totally baseless and without any evidence also, warned him that, he should not make such type of baseless allegations in future.

In the above situation, can Opposite party request police officer to give clean chit to them in wrighting so that, complainant will not take any undue advantage out of it in future and whether police officer can issue letter / certificate / explanation to that effect, is there is any provision in law to issue or to ask such letter / certificate / explanation from police officer.

Thanks

Mahesh.

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3 Replies

(Guest)

Police do investigation and if found guilty they will refer to the Court. In petty complaints they try to counsel both parties. if one party is arrogant, police file a case and refer it to the court. On record it is always a complaint if the complainent doesn't withdraw the complaint. Police do not issue any type of letter regarding action taken against accused. Only court decides on the basis of evidence.

Adv ramesh chheda (prop) 12 October 2009

Police will not give u direct chit stating that there was a false complaint filed against u. However to get said kind of reply u may make an application under RTI and ask them

a. whether any complaint is received agaisnt u in police station.

b. Whether police have taken any steps in relation to said complaint?

C. Details of such steps taken "

d. If no such steps taken then reasons if any recorded for not taking of any actions

so through above u can get what u wish to have . Also after obtaining copy of compaint ffled from police station, u can file defamation case against such person as well can have further more criminal proceeding against such persons.

I hope this goes with u r queery . In case if u wish to know more than please feel free to send me email on ramesh_chheda@yahoo.co.uk

1 Like

Feroz M Shafeeque (Police Officer) 12 October 2009

In some states like Kerala, there is a separate petition register kept by Police to record the brief of the case, final findings and signature of both the parties. If such a register exist in your PS get a copy of the same by utilizing RTI Act.

Otherwise General Diary may have a reference regarding the complaint and decisions thereafter. You can get the extract of the diary by giving an application for the same.