If someone give wrong compliant in police station, based on these police also came to know that compliant is fake & fabricated to take revenge on person , by knowing also inspector in charge of some other area was sanded two constables to house to bring the person to police station.
The person was refused to come to police station stating that we had not done any wrong thing or crime,
Then inspectors came to house and threaten to take severe action, and asked why you don’t come to police station, when I was called you.
After that person gone to police station and case was compromised and inspector taken some bribe amount.
In this case I want to know legally, whether we had to go to police station when ever police ask to come to police station for not doing any crime, what is the actual procedure.
Asked in Criminal Law from Hyderabad, Andhra Pradesh
Yes police officer has power to seek attendance before himself any person who appears to be acquainted with the facts and circumstances of the case, and such person shall attend as so required as per section 160(1) Crpc . In your case police had taken bribe for compromise of false complainant, you must report to SP about when and how much police had taken from you and inform Vigilancee Department to take action against this errant Official.
Once a requisition was made to you in accordance with the law by the concerned police officer, you were under a legal obligation to present yourself before him at the time mentioned by him. It is the duty of police to investigate the allegations and then form an opinion on the culpability of the accused on the basis of inculpatory or exculpatory evidence before it. You cannot refuse to attend the police station on the ground that you consider yourself to be innocent. It is for the police to decide whether the allegations are true or baseless. If allegations are found to be supported by some evidence then it will set the legal process in motion and arrest the accused, else it is duty bound to close the case.
Why did you pay the bribe when you believed yourself to be innocent? You should have asked the inspector to carry out the investigation. If a false charge was being brought against you then you could have contested it in court.
You cannot now lodge a complaint against the concerned inspector as you also committed an offence by giving bribe.
1. Not only the accused, police has the power to call even an witnesses also in connection with the case he is investigating as per section 160(1) of Cr.P.C.,
2. It is no point in refusing the attendance,
3. If you do not settle the matter in any way you wishes to, your shall have to face the litigation based on the false complaints.