• Fake complaint

One of my employee working for more than 5 years is claiming to be my business partner.when I denied and asked for any proofs he started abusing and threatening me. I have lodged 3 ncr against him and then initiated chapter case against him.he has signed a bond of 10000 inr in acp office and said he would never trouble me again.on the same time I filed a court case under Crpc 202 against him,the case is in process but judge still has not called him.Now the issue is a police constable from his area is calling me for last 2 months and asking me to come to police station.on being asked why he said the other person has lodged ncr and a written police complaint and I need to come there.i fear my employee has bribed him and he will do any wrong to me.when my lawyer send his junior to police station a couple of days ago,the concerned constable did not show any ncr or written complaint to my lawyer.he said a small civil ncr complaint is filed and I need to come there.i found it a little fishy and don’t want to go there.also constable has sent a letter signed by him to my home stating I have to come there.please help as the constable is insisting again and again to come there for a mere ncr.
Asked 7 years ago in Civil Law

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17 Answers

1. go and meet the senior inspector of police of that police station and show him the letter sent by the constable

2. ask for copy of the complaint lodged against you

3. inform the police that the complainant was made to sign a bond before the ACP to not trouble you

4. if police is requiring you to go to police station then you should go

5. you can take your lawyer with you

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Your advocate should get the copy of any report filed and in case you face any harressment you need to file a mandamus writ in the court for direction to police to not to harass you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

hello,

the police are trying to harass you and get something out of you. if the employee had filed anything they would have told you. don't go there. there is no use. in case of further harassment, post a letter to the area DCP and the Comm of Police stating all the relevant details/

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Firstly, sir you can’t call it as a civil case of ncr is there as nice and Fir are criminal cases of different nature, but sure not the civil ones.

Secondly, if the letter is the summon under section 41 A of CrPC then you can go as this is for the appearance.

Thirdly, and even if you don’t go then they may issue frost the Bailable offence where he can’t to anything wrong to you but to leave you on bail from the PS.

Fourhtly, rest you can have a word with me if in case again get call.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. There is nothing to worry and if for second time police calls you can ask for notice under section 41A crpc.

2. On receipt of such notice you can apply for anticipatory bail if FIR is registered.

3. Since you have already lodged several complaint even if the police has regiseted FIR on false ground there would not be much difficulty in getting bail.

4. Once bail is granted and charge sheet is submitted you can go for quashing.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

APPROACH HIGHER OFFICER BY EXPLAINING THE MATTER AND REQUEST THEM FOR FURNISHING INFORMATION UNDER R.T.I. ACT

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

there is no harm in going to police station accompanied by your lawyer

2) have your statement recorded deny allegations made

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

no need to worry

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Take that letter to ACP and complain, that the constable is not showing NCR filed against you.

It is right of accused to receive copy of complaint filed against him. Till, u r not provided required information, Avoid him.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You don't worry, you already engage lawyer he will defend on behalf of. You can go police station alongwith your senior lawyer to get accurate point of problem resolved. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

This is my response to you:

1. You may go appear in the NCR if you have done no wrong;

2. You need not worry about arrest or anything, or ask your lawyer to accompany you;

3. Once the lawyer is there with you, the police constable will not harass you;

4. Therefore be sure to take your lawyer or his junior;

5. If there is not NC filed against you, and if its frivolous then file a suit for defamation against him and ask for 1 crore as damages;

6. The more he files fake and frivolous cases against you, you have that much options to take him down;

7. Since defamation is both a civil and criminal dispute, you have the edge in seeking remedy in both courts;

8. He is merely harassing you and you must too play pressure tactics to make him quit.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Sir constable does not have power to issue a notice to summon you before the police station, you can go there it wont be any issue with your lawyer submit a complaint against constable SHO attach copy of letter and mark complaint to SP that constable without authority is harassing you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes this is civil dispute donot worry he cannot lodge any fir without any evidence against you. You should talk to senior officer and settle the matter

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear,

Don't worry, next time go with your senior lawyer,and rest the things,that lawyer

do for you,like get copy,if they are not giving then complaint to senior officers.

If constable is threatening you falsely,then complaint of this thing also.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

1. It seems that you have filed a criminal complaint case against him but the court has not yet passed the summoning order. Unless he is summoned by the magistrate he cannot be brought to book.

2. The constable seems to be a crook.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The police might have summoned you for inquiry.

However you may obtain AB before visiting police station if you suspect any foul play behind this summons.

If you dont attend the session, then the police may register FIR and initiate process to arrest you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As the case is civil in nature and he cant file fake fir.still i m worried

You can explain this to the police, if the lower police is not willing to listen to you then you may approach the higher police officer with the documentary evidences available with you on this especially the evidences of the pending criminal complaint against him and the disposed metter before the police at an earlier date.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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