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(Guest)

Refusal to visit Police Stn. when one complains against meme

Some one complained falsely against me,a cop appeared on my door,I refused to accompany him to the police station without my lawyer.He started abusing me through my fastened Jaali door and insisted me to open it up.I challenged him that he can't  force me to open my door as he had not gottton any search warrant OR take me to the police stn. forcibly as he did not possess any warrant against me.He said that if I don't accompany him immedietely that wiil fall agaisnt me and I will be considered guilty.Who was right,He or Me ?



 7 Replies

P.L. Malik (Advocate)     29 June 2010

see by doing such a thing, you are creating hurdle in the investigation proceedings, Police on the receipt of the complaint, appoints Investigating Officer, who would investigate the matter and determine whether the matter for lodging FIR u/s 154.

You should have gone with the police personnel to the police station and should have facilitated him in the discharge of his official functions.

1 Like

Bhartiya No. 1 (Nationalist)     29 June 2010

In this country this common behaviour of Police. Resist their action but be wise to safeguard urself.

1 Like

P.L. Malik (Advocate)     29 June 2010

no resistence, of course, no one can forcibly take you to police station in the absence of any warrant, but try to resolve it amicably as it might lead the investigation going against you.

1 Like

(Guest)

You are perfectly right in not going to P.S. without a lawyer. Since police in our country are unreliable, only lawyers can deal with them wisely and safeguard your interest. But the proper procedure is that the police, on receipt of a complaint, is to allot a Crime Number and send you a notice u/s.160 & 91 Cr.P.C. which will show who gave the complaint and what the police would enquire with you and what documents they require from you for their perusal and such other details and the date and time for meeting the I.O. Even without a crime number on the Police Notices were quashed by Madras High Court.

1 Like

(Guest)

I agree to Sh Rao's advise. From your name it is not clear if you are female or male but if you a female then a female IO should have come and least you could have done was to call # 100 and narrate the incidence and ask for their help and later under RTI Act within a month ask for transcriptt of your 100 no. call details which your advoicate could use in further procedings if any in such incidences. What was the time of IO visit to your door as an IO can visit a female only after sunrise and before sunset.

Rgds.

1 Like

Madansingh Shekhaawat (writer & an editor)     30 June 2010

 

Madhujee,

You are perfect in your act; why to fear when LCI is here!

Therefore citizens perceive the police as a dreadful agency that often fails to do its job within the legal framework and yet enjoys impunity. 

Mr. Gurunarayan Rao & D. Arunkumar are absolute right!

Read this; "POLICE WERE MORE SINCERE BEFORE WE ACHIEVED INDEPENDENCE. NOW THEY HAVE GROWN SHODDY; THEY FEEL THAY ARE MASTERS THEREFORE THEY HAVE [THE] RIGHT TO PICK UP ANY CITIZEN AND PUT THEM BEHIND THE BARS!" by Honorable high court Justice J. N. Patel’s exasperation following the bail application on Feb. 09, 2010.

madansingh tanwar; 

1 Like

ravi shankar sharma (advocate)     30 June 2010

i strongly think that no one is above the law of land and at the same time everyone has a fundamental right to live with full dignity. 

1 Like

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