some culprits accused with 307 ipc. Police is not arresting them and they are threating us regularly.
What can we do??
1) Can we file police inaction. My lawyer alerted me police will give many false cases against me if I do this.
Any suggestion?
Subhas Chandra Show (Employee) 23 April 2014
some culprits accused with 307 ipc. Police is not arresting them and they are threating us regularly.
What can we do??
1) Can we file police inaction. My lawyer alerted me police will give many false cases against me if I do this.
Any suggestion?
Mahesh R. Sonawane (Lawyer/Fight for justice) 23 April 2014
whether FIR is registered? If registered then police has to arrest the accused. For threats you have to file complaint against them immediately.
If police authorities are stating that accused are not found, then give details of accused to them, if I.O is not responding then go towards the higher police officials.
It is not so simple to file false cases against the indivisual by the police authorities in such situations.
Subhas Chandra Show (Employee) 23 April 2014
Subhas Chandra Show (Employee) 23 April 2014
I am not a lawyer..from my experience it is very simple to file false fir. We are victim. this is second time. My father 65 years old hospitalized we were on hospital then fir lodge at the time we were at other place. I know the case will prove false easily. But before we get anti bail there was a risk of being arrested
Dr J C Vashista (Advocate) 25 April 2014
Some influential persons manage such activity, avoid arrest and obtain AB/regular bail in conneivance with police. Take due preventive measures, engage a local lawyer.
Biswanath Roy (Advocate) 25 April 2014
Good opinion from Learned Dr. Vashista. Follow his advice.
T. Kalaiselvan, Advocate (Advocate) 26 April 2014
as advised, take the help of local lawyer, obtain bail and challenge the cases
Rahul Singhal (Finance Professional) 26 April 2014
Dear Mr. Subhas,
Please take this matter immediately with the Special Executive Magistrate / Sub Divisional Magistrate or any other magistrate (as the case may be) of your area. These magistrates are educated higher rank police officers who are not like these constables / head constables / SHOs. The magistrate will definetly order the police to lodge an FIR. If the magistrate also does not act, please take this matter with the local court of the metropolitan magistrate / judge of your area. After hearing, the court will direct the police to lodge an FIR. You have to do this on your own. Nobody in this world will help you if you will not help yourself. Police can lodge false cases against you, and then you will have an opportunity to prove that the police has lodged false case against you and you can file a case for compensation against guilty police officers. There are many cases in the past in which police has paid good amount of compensation to the innocent persons. But one this is important to do this, that you need to believe in yourself and have faith in yourself.
Subhas Chandra Show (Employee) 26 April 2014
Dear Mr. Rahul,
Thanks for your valiable reply. Is this similar to police overaction or is this called police overaction??
In this way can who lodge false FIR can be punished?? Any risk that police will take revenge?? Because my lawyer adviced me not to go against police eitherwise they will make many false cases more in future..this things are happening todays..its common..
he is a very senior lawyer.. I think he alerted me.. what you think Sir?
Thank you
Rahul Singhal (Finance Professional) 27 April 2014
Dear Mr. Subhas,
True, the police can lodge various cases against you or any other of your family members, and may even arrest them if you go against police. If you do not go against police, then there is also no guarantee that in future they will not do wrongful acts against you people.
If they make false cases against you, you can challenge them in the courts. Believe me, nobody on the earth is more powerful then the right and innocent people. If you decide to go against police, then you have to be ready to face wrong cases against you. But one thing is sure, if you will fight for your self, you will win in all situations.
Rest is your decision. It also depends upon the circumstances that you would like to take action against police or not. In any circumstance stand strongly for you and your family.
Dr J C Vashista (Advocate) 27 April 2014
Move appllcation to vigilence department of police with all evidences, preferably meet higher officers personally and explain the situation.
You can also move to High Court for appropriate writ or direction to police.
Biswanath Roy (Advocate) 27 April 2014
Good and appropriate advice by Learned Mr. J. C. Vashista. Follow his advice.
S K KARNjhc (Legal Adviser) 04 May 2014
Yes, I'm quite agree with Learned Dr. Vashista Sir, do accordingly.