• Can police summon based on NC complaint

One of my friend due to some money issues with me has lodged a complaint on my name in police station in Bangalore. He came along with police and asked me to accompany them to meet inspector I denied asking for warrant and said i will come only after getting legal document. Then they gave some complaint copy which only had some petition number and seal and sign of ASI in which the his statement was written. With no sections or any date to appear. Now PC is calling me and threatening to come to station to give statement else consequences with be bad. What should i do?
Asked 3 months ago in Criminal Law
Religion: Hindu

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20 Answers

No harm in going to police station to record statement 

 

deny allegations made 

 

as on date no FIR is filed 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Apply for anticipatory bail, this is a civil dispute, no role of police. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Client, 

what your friend has filed appears to be an NC (Non-Cognizable) complaint, which means the police cannot register an FIR or arrest you without prior permission of a Magistrate under Section 155 CrPC; at this stage, the police can only make an entry and, if they feel necessary, refer the complainant to the court. Therefore, the police cannot compel you to appear or threaten you merely on the basis of an NC, and no warrant is required for such a complaint. However, if you continue to ignore calls, the complainant may approach the Magistrate and get directions for an inquiry, in which case the police can summon you formally. The practical advice is not to be intimidated by threats but to avoid being seen as non-cooperative, either you can go with your lawyer to the station voluntarily to give a brief statement and resolve it, or wait until a proper summons from the Magistrate is issued; in any event, the police’s phone threats have no legal force unless backed by a written notice under Section 41A CrPC or Magistrate’s order.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you. 

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

No need to agree to pay higher amount 

 

Take lawyer along 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Police cannot issue a summons or compel you to appear just on the basis of an NC complaint unless they obtain permission from the Magistrate to investigate or a formal case/FIR is registered.


A paper with only a petition number, seal, and ASI signature (without IPC sections, date, or formal summon format) is not a legal summons.


Many times, police “call” people informally to settle matters or to intimidate.


Do not ignore completely – otherwise they might escalate unnecessarily.


You can ask the police in writing (email or letter) to provide a copy of the complaint with sections, and under what provision they are calling you.


If they insist without giving details, you may politely say you’ll appear only if a proper written notice under law (e.g., Sec 41A CrPC or court summons) is served.


If harassment continues, you can lodge a complaint with the ACP/DCP or higher officers.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

The statement or agreement made  before police in the police  station is not maintainable and the court will not consider it as a legally enforceable  one because it was obtained under coercion or threat, hence don't worry on that aspect.

As a matter of fact it is a civil matter unless he complains that you have cheated him.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

An NC is just a record of a complaint in the station diary for a non-cognizable offence (like simple abuse, minor quarrel, etc.).
Police cannot arrest you directly on the basis of an NC. For any action beyond recording, they must seek Magistrate’s permission.
Anticipatory bail (Sec. 438 CrPC) is only relevant when there’s a risk of arrest in a cognizable, non-bailable offence.

Hence you do not have to get AB under this situation.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

No police has no authority to investigate in nc case unless orders from court. Police only tires to settle and resolve the issue by summoning you

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

No need to obtain AB only NC has been filed 

 

only after FIR has been filed in respect of non bail able offence you should apply for and obtain AB 

 

if you are scared engage a local lawyer and visit police station with him 

 

take plea it is a civil dispute 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

It is better you apply for anticipatory bail and then visit police station and give your statement. 

Go with a lawyer so that they can guide you on documentation to be written and also police will not pressurize anything and will follow duly procedure. 

Harshita Shah
Advocate, Bangalore
39 Answers

Don’t go to police station 

 

if FIR is filed notice would be issued to you to record your statement 

 

there is no automatic arrest 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Dont trigger the Police to file FIR. FIR gives police power to arrest depending on sections they allot. 

Try to buy time from them saying yoh are out of town for office work and will come to station within 1 week and cooperate and submit everything ..  

Meanwhile you can contact lawyers like us and  take anticipatory bail and we can assist you for Police station as well.. 

Harshita Shah
Advocate, Bangalore
39 Answers

  • Do not go to the station casually on oral calls. Ask for written notice (41A CrPC) or summons from Magistrate.
  • Do not sign any “settlement” or “commitment” under pressure at the station.
  • Engage a local criminal lawyer in Bangalore to keep track of FIR status and to step in quickly if an FIR is lodged.
  • Only if FIR comes with cognizable sections, move for anticipatory bail. Till then, no need.

 

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

  • Police can call you for questioning based on an NC (non-cognizable) complaint, but you are not legally obliged to accompany them unless a formal summons or arrest warrant is issued.

  • You have the right to ask for a proper summons from the court before appearing; you can refuse to go based on just a complaint copy without sections or hearing dates.

  • Do not sign any documents or agreements under pressure at the police station, especially if amounts claimed are inflated.

  • If an FIR is registered, you will be informed officially, and FIR status can be checked online or at the station.

  • Filing an FIR does not automatically mean arrest; arrest happens only under specific legal conditions.

  • Considering the threat and complexity, consult a criminal lawyer for anticipatory bail advice but you may wait for formal court summons before taking legal steps.

  • Maintain all communication in writing and avoid informal police visits without legal representation.

This protects your rights and prevents coercion while the legal process unfolds.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

No FIR will file since it is a civil dispute. Apply for anticipatory bail. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The police may manipulate the entire subject and may even register FIR by altering the charges and would even attempt to arrest you, hence on your own interest, you may better visit the police station accompanied by your advocate.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

- Since, he has filed a complaint to the police , then the police is calling you to settle the matter or give your statement

- Further, even if there is an NCR then the police is bound to issue a notice to appear under section 41A to you. 

- Hence, you can take some lawyer or person with you to appear before the said police , and also can send a reply of his complaint. 

- If the police force you to appear then you can take anticipatory bail from the session Court. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

Yes, you should issue a formal written notice to the builder requesting an explanation for the delay in depositing your transfer fees cheque, non-issuance of the maintenance bill in your name, and failure to update the name board, despite completion of registration and payment of stamp duty. A written notice is the first and essential step before considering any legal action, and it creates an official record of your grievance.

 

Sharing a sample format for your ready reference:

Subject: Written notice seeking reasons for delay in transfer process, non-issuance of maintenance bill, and omission of name on board

Dear Sir,

I am the purchaser and current resident of Flat No. [flat number], [building/project name], Vasai, Maharashtra. I completed all required formalities for purchase, including registration of the sale deed and payment of stamp duty, and have submitted a cheque of ₹25,000/- towards transfer fees in your name. However, even after several verbal requests since [registration date], my cheque has not been deposited, my name is not reflected on the maintenance bill, and the flat is not shown in my name on the name board.

I request that you provide in writing, within 7 days, the reasons for this inordinate delay, and immediately process all pending actions relating to transfer, maintenance billing, and name display.

Please treat this as a formal written notice. If I do not receive a satisfactory response within this time frame, I will be constrained to seek appropriate legal remedies as per law.

Sincerely,

 

Submit this to the builder, get an acknowledgment, and retain a copy with proof of delivery. If this does not lead to prompt action, you may proceed with a legal notice or file a complaint with RERA/MahaRERA authorities. There should be no discrimination on religious grounds as per Indian law, and you have every right to demand proper transfer and recognition as owner. If you need legal notice drafting or further action, you can contact us for assistance.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Yes. You need to keep a track. You can also find ok basis of RTI application 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Dear Sir,

The police have the power to summon individuals to give statements under Section 160 of the CrPC, but this is typically in the context of an ongoing investigation that has been legally initiated.

Section 160 in The Code of Criminal Procedure, 1973

160. Police officer's power to require attendance of witnesses.

(1)Any police officer making an investigation under this Chapter may, by order in writing require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required. (AI - Generated and then edited)

Kishan Dutt Kalaskar
Advocate, Bangalore
6229 Answers
499 Consultations

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