Statement of respondent in civil matter Statement of respondent in civil matter

2 years ago

I have lodged written complaint against my brother in law for not returning my money which he took by net banking transfer. Police officials took my written statement , but did not take written statement of my brother in law. In RTI reply, they replied that as it is civil matter statement of respondent is not taken.
Is this valid of not taking statement of respondent in civil matter and as per which rule /section ?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you have to either file FIR of cheating or file case for money recovery.
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Anik

Responded 2 years ago

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A.Hi,
You are the complainant in this case therefore the police took your statement. The respondent can refuse to give a written statement to the police and such a statement is not admissible in courts also. So you do need to worry about that. After the case goes to court your brother-in-law will have to submit his written statement there. If you think that police investigation is biased, you can approach the magistrate against the police for such investigation

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since you are the plaintiff in this case, the police have taken your statement. The respondent has the right to refuse to send police a written statement, and such a statement is not admissible in court. But that is something you should be concerned about. After the case is filed in court, your brother-in-law will be required to make a written statement. If you believe that the police investigation is skewed, then you can file a complaint with the judge.

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Meenakshi Periyahkaruppan

Responded 2 years ago

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A.Police only enquires the complaint given. In a court case only written statement is applicable
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Police have right to investigate preliminary and hide such investigation. You may approach civil Court with available strong evidence.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप शिकायत कर्ता हो इसलिए थाने मे आपका बयान लिया गया।चूंकि आपकी शिकायत पैसे के लेन देन से सम्बिंधीत है।इसलिए दुसरे पक्ष की बयान लेना आवश्यक नही है।
दिवानी मामले मे दोनो पक्षो को अपने बयान के अनुसार अपना केस साबित करना होता है।
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