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Vishal Chhabra (Student)     16 September 2014

False kalandra by police

There was some tension between me an my neighbor. I wrote a letter to him to resolve the issue , and we had also sent the mail in this regard to the CP. one day my neighbor was standing in the street, he called me and started arguing with me, I avoided him and came to my home but he entered my home behind me, against my will, abused me and threatened me to kill. I came out of my home and locked the main door from outside and called the police by dialing 100 number. Police came and took both of us at the police station. There the police officer told us that we will make kalandra under 107/151 and would present us in the front of magistrate. the office pressurized me to proceed for compromise and I did that under pressure. I did not get any acknowledgement or related document from police. We were at the police station for about 2 hours. Can we reopen the complain after the compromise had been done, and if yes then where can we file the complain whether SHO or ACP or DCP or Court. and what is the limitation period for reopening of this complain.what all sections are applicable under this case. 

Note: Can we also make the concerned police officer,  party in this case? Please suggest



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 September 2014

What is your problem, why do you want to reopen, is there any further harassment by the neighbor?, have you given any complaint in writing?, if not, you cannot ask for re-opening, moreover have you given the compromise in writing?, is yes, you have less chance for a hearing by the higher officers.

AS   15 October 2014

agree with T. Kalaiselvan, Advocate .

Also what will you achieve by re-opening kalandra of 107/151. It will automatically close in 6-8 months , you both have to go court....For sure there is hardly any punishment in 107/151 kalandra max on proven guilty judge might impose 500/1000 RS fine and give order to maintain peace.

Live and Let other's live happily.


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