FIR
Thyagarajan
(Querist) 21 August 2010
This query is : Resolved
Dear Members,
A police Inspector, based on a complaint made to hin by owner of a flat , on matters connected with parking facilities in the complex , has asked the Secretary(who can be sued)of the Association of owners of flats to appear in police station on Monday he 23rd August 2010. On question by me(another flat owner) having concern on the procedure adopted by the police whether an FIR has been made and the secretary was given a copy of complaint the answer from the police SI was in negative. Can any member advice whether the Inspector(who just visited the complex) can ask an accused to appear before him when he had made no FIR nor given a copy of complaint or start an investigation? Also should the inspector have decided on the offence committed under IPC? Can the accused refuse to appear when there is no FIR? An early answer from an expert will be appreciated in view of short time left before the secretary
regards
s.subramanian
(Expert) 21 August 2010
Obviously the police is caling you to enquire only on the complaint received by him. If on enquiry,if he feels that an offence is made out he would register the FIR. It is the procedure ordinarily folowed by them. But strictly speaking, as you rightly point out,the police cannot start the investigation without registering the FIR. However it is better to attend the enquiry along with an advocate,who is conversant with your case and your stand in the matter. Don't go to the police station without an advocate. Otehrwise police will exploit the situation and threaten you illegaly.
Devajyoti Barman
(Expert) 23 August 2010
Unless the FIR is registered the police can not do anything. You can safely cooperate with the police in its inquiry.
