• Procedure to respond to a complaint filed by landlord

Mr.X, the landlord has filed a complaint against Tenant 1 (via telephone) stating that he has been causing nuisance to Tenant 2.

The police approached Tenant 1 and briefed him about the complaint. They have asked for a statement to be furnished regarding this complaint.

Query 1 - In order to furnish the statement, can Tenant 1 get a written copy of the complaint? 

Query 2 - What is the next step once the statement has been filed?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

1. Yes a written copy of complaint can be taken from.the police station, you can file RTI seeking same if police deny to.give copy.

2. The police if doesn't find the complaint cognizable they can dispose same at complaint stage or may take cognizance and file FIR. You may get.anticopatory bail to avoid arrest.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes he can apply under RTI

2. If FIR is filed then the accused can seek anticipatory bail application

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

In non cognizable complaint police can't investigate without courts order. If it's NC then you don't have to worry

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

You can seek copy of complaint filed against you 

 

2) give your written statement 

 

3) there is no FIR filed against you 

 

4) deny allegations made in complaint 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

You should deny allegations made against you 

 

2) police would conduct  investigations 

 

3) if police do not find any merit in complaint  they would close the complaint 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

1. What is the nuisance alleged in the complaint?

2. Landlord has the remedy of filing an eviction petition on the ground of nuisance by his tenant. Police has no authority of law to intervene in this case to evict the tenant. It can at the most file a complaint whereupon the magistrate may pass an order of injunction against tenant to forbid him from causing nuisance in future.

3. No section of IPC, much less exact section, is written in the complaint.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The police may not furnish the copy of complaint,  hence don't be disappointed if they refuse to give. 

2. The police will conduct inquiry once the statement is given to them and may initiate further course of legal action as per the inquiry or investigation into the complaint before them. 

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

The accused should always deny the allegations of the complaint. 

The police after inquiry finding it as false or fake may close the complaint endorsing their view and findings. 

 

The police will let know the accused of the nature of complaint and the allegations. 

He need not know the section to give a written statement. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

1. YES. File proper Application (affixing 5/- stamp fee) to Police IO for copy of complaint.  Do this thru a Lawyer, wherein the lawyer will inform the Police that his client will file his written statement after receiving complaint copy.

2. It is suggested not to take the complaint for granted since the Police have unbridled authority to convert NC complaint into a CR complaint, which might prove to be a nuisance for Tenant.

3. Further if Tenant-2 is aggrieved party, THEN only Tenant-2 can file Police complaint and NOT the Landlord, since proxy complaint are not acceptable under law.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello,

Ask the official to give you a copy of complaint before you reply the same.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

FIR may not have lodge but as a matter of right, accused can demand copy of complaint. This is minor issue, don`t complicate it. Just submit statement of your innocence, if found guilty, matter will close with warning not to repeat.

Don`t go deep and under what sections complaint is file. Just asked the allegations leveled against you, and deny them as false.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Dear Sir,

If complaint discloses evidence regarding offences committed then they will issue immediately FIR otherwise they will conduct primary inquiry by recording statements and then issue FIR with definite sections. Copy of FIR can be taken either from court or police station and it is also available online at the following website 

FIR SEARCH

https://ksp.gov.in/fir.aspx

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1.You can seek certified copy of complaint. 

2. You can give your fact statement . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

you can also register a case under Section 211 of the Indian Penal Code for the offence of filing false charges against someone with the intent of causing injury or even under Section 500 for criminal defamation..

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

Yes tenant 1 can ask for a copy of complaint in case police wants reply from him. 

next step will be determined by the police whether the complaint will be closed or tenant 1 have to submit bonds from keeping peace. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  He can deny same before police. See it's complaint police will try to.settle if not they will register the FIR.

2.See for same copy.of complaint is required.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been a non cognizable offence complaint filed against the tenant 1.
  2. Yes, in fact, you have to deny all the allegations as mentioned in the complaint and it is your legal right to get the copy of the same complaint.
  3. And if the same has not been made to you then you can also approach the concerned Magistrate court by filing an application under section 207 of the Cr. P. C. for getting the copy of the complaint.
  4. Once you give the reply to the same complaint then if judge feels appropriate then may issue the summon for your appearance and hence the inquiry and trial begins.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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