Complaint against police
Abdul
(Querist) 01 May 2014
This query is : Resolved
Hi,
This is Abdul.
As I written in early blogs, I had given complaint to the higher police official (ADGP) and home minister about the illegal violent act against me by a police officer accompanied my wife on 17.3.2014. by entering the house where I was staying which is unfortunately in her name. But we are not divorced and still a legally married couple. From the home ministry I got a letter on 22.4.2014 that the complaint has been forwarded to the IG in my region.
But I am shocked to see that I got the letter in my home town from ADGP and it says there is no such incident happened that day and no police officer had done that act. There were neighbours witnessed the incident and I am not sure what happened. I just don't want to leave this just like that. I am ready to take this to any level. This is just because they have done that act (police officer entering the house along with my wife where I was staying my wife, though it's in her name and abusing me and throwing my stuffs outside.) clearly against the law. Though the neighbours want me to inform the incident to the media and make it to be known to the world, I just prevented them that day, otherwise things would have been different now.
Please guide me as what should I do next against them though I just want to keep silent about my wife as of now. Should I go to human right commission or court? I am thinking about filing an RTI to ADGP as what are the enquiries they done? whom they contacted, statements from them etc...
Devajyoti Barman
(Expert) 01 May 2014
You can file criminal case of house trespass and criminal intimidation against the said official if he did not come in course of his duty.
Rajendra K Goyal
(Expert) 01 May 2014
Agree with the advise of expert Devajyoti Barman ji.
Nadeem Qureshi
(Expert) 01 May 2014
Dear Querist
you can file a complaint against him before national human right commission too
Abdul
(Querist) 04 May 2014
Hello all,
My local lawyer is telling there is no door for filing a criminal case against the police as the house belongs to my wife and they have done that act with her support. Also since I am staying away from the house for more than one month, there is no way for me to enter the house, which may cause filing of trespass and subsequent criminal case by my wife. But as per my suggestion, we decided to file an RTI regarding the details of investigation from the police.
Abdul
(Querist) 05 May 2014
The above message is written after contacting my lawyer personally.
M.Sheik Mohammed Ali
(Expert) 06 May 2014
where are you from ?
you can file Writ petition at high court.
Abdul
(Querist) 06 May 2014
I am from Kozhikode, Kerala
But what about the point my lawyer said? whom should I believe? Lawyer or police? I am really embarrassed to see the varying opinions from lawyers from different places including my personal lawyer. Is the law varies from place to place in our country? Are our laws so complicated so that lawyers around the country cannot come to a common conclusion?
Advocate Ramesh
(Expert) 09 May 2014
First of all you must listen what your lawyer says. As per advice of your local lawyer you can act. Don't comment entire lawyers of the country. If there is a problem, there are so many solutions are there to solve that problem. The lawyers of different places give suggestion as per his wish. So don't comment lawyers suggestion.
Sudhir Kumar, Advocate 
(Expert) 08 July 2014
refer
http://www.lawyersclubindia.com/experts/harassment-from-my-wife-482716.asp
Sudhir Kumar, Advocate
(Expert) 08 July 2014
also refer
http://www.lawyersclubindia.com/experts/want-my-family-together-461701.asp
