No harm in going to police station to record statement
deny allegations made
as on date no FIR is filed
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?
No harm in going to police station to record statement
deny allegations made
as on date no FIR is filed
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.
My another concern is like if i go to station they might make me sign a commitment agreement for higher amount as i have heard them do that and pressurise me to pay more than i owe because in complaint he has mentioned the amount 4 times higher than I owe him.
Since NC has been filed should I take anticipatory bail or should I wait for proper summons from the court to give my statement . Kindly suggest as I am in total dilemma and certainly not in a position to visit the station now because I am sure he has bribed them and waiting for me to go there. Please help
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.
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.
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.
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
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
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.
Can I ignore going to station or ask them to send the summons from the magistrate? If they file FIR who will I find out ? does filing fir leads to arrest?
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
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..
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.
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.
- 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.
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.
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.
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)