• Police called on phone to come to PS. What rights do I have?

My younger sister is psychologically disturbed because she could not handle trauma she faced when reality is much worse than the very high expectations she had from her marriage, husband and life in general. She started becoming mildly schizophrenic and started blaming various members of her family for conspiring to sabotage or ruin her marriage and life in general.

In the last two weeks she has been escalating her crazy behavior. Today she went to Kushaiguda Hyderabad police station and filed a complaint. Police might have shown woman sympathy and called me to come to PS. Do I have the rights to reject police officer's request to come to PS??
Asked 22 days ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

You should go to police station 

produce sister medical reports that she is suffering from mental illness 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You have the option of asking a lawyer to accompany you to the Police Station. If you want, you can also request the Police People to reschedule the date and time of the meeting. Outright refusing to meet, may not be the best idea and you are only cooperating with them in their work, and they are doing their job.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The police out of sympathy and courtesy and in your own interest have called you to the police station so that you can convince your psychologically affected sister can be taken back home safely because of her mental unstable condition and also for her safety.

There is no hard and fast rule that you have to attend the police station without any complaint against you neither there is any obligation on you on this.

You can politely inform police that you are busily engaged in some other important commitments hence would not be able to attend the police station in order not to escalate the legal consequences. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1. Police has called you to enquire in to the complaint purportedly lodged by your sister.

 

2. Police has the right to enquire in to the matter by summoning you to the police station.

 

3. You can refuse to go to police station now since they called you over telephone only and the said call has not been recorded.

 

4. If you do not go then the Police might issue Notice of Appearance before the Police u/s 41A of Cr.P.C. or even arrest you u/s41 of Cr.P.C. if a reasonable complaint has been made against you.

 

5. It will be prudent on your part to meet the police officer to help him to enquire in to the matter in your own interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If they issue you notice then you have to go. They will give you 41A notice if any non cognisable offence is filed

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Dear client, ask the police whether the case filed is either cognizable or non cognizable. If its non-cognizable then you can go. But if the case is cognizable you have to get a notice under sec 41A crpc. If the notice hasn't been served then you cannot go to police station.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

- Since, this matter is related to your sister , hence you should explain the true facts before the police 

- If you will not visit the police for giving your reply of her complaint , then the police may take necessary legal action after issuing a notice to you. 

- Hence, no need of worry and visit the police . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

For the purpose of investigation Police has authority to summon anyone to Police Station by following certain guidelines.

If you go and tell the truth then Police may very well close the complaint.

If yOu avoid going there then on the basis of complaint police ma register FIR.

 

 

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

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