False ipc charges put on my dad
Manish
(Querist) 28 September 2014
This query is : Resolved
This is related the Land Acquisition happening in Bihar for NH 77 expansion. A part of our land is also included in that and a court case is ongoing for proper reimbursement of the land value. In the meantime Gammon India (Contractor hired by NHPC for road construction), has been preparing roads. In second week of April, 2014, they contacted my dad to allow to build the road, wherein my Dad informed them, that you are already aware that there is a case ongoing, let the decision come and then you construct it.
The outcome of this is that, the Gammon India Eng, called my dad on the same night, informed that "Since you did not allow us to construct, we will file a case on you", went to the local police station and filed a case. In the case he has filed that he along with his 4 workers were beaten by my dad and threatened of murder when they were trying to construct the road. The police also without any investigation, slapped various sections -
341 - Punishment for culpable homicide not amounting to murder
323 - Punishment for voluntarily causing hurt
353 - Assault or criminal force to deter public servant from discharge of his duty
504 - Intentional insult with intent to provoke breach of the peace
506 - Punishment for criminal intimidation
Now comes the best points -
My dad is 66 years old retired senior citizen.
He had his pacemaker installed in end Nov, 13 in Patna and was advised bed rest for 6 months.
So my question is how will a retired 66 years old individual, who is on medical rest after the heart operation, can go and manhandle, 5 young individuals in full public view and nobody is a witness except the 4 employees of the engineer himself.
Second question, is how the police without any verification, has levied such charges on a senior citizen. Also, how can section 353 be applicable here. As per my knowledge and information, its applicable only when an obstruction is done for Government employees! From when are Gammon India employees considered as government employees.
In the mean time, since my dad was not keeping well, i called him over to my place for rest. What happened in the back end that the Gammon guys came and constructed the road over there as there was no-one to protest.
Please help me with your suggestions, so that I can proceed further. We all including the complainant and police know that this is a false case, but just want to harass my dad. Probably they are looking for bribe, but they are not able to ask since my dad himself is a retired police officer.
Please provide me suggestions, so that I can take appropriate actions and teach a lesson to the culprits here.
Sudhir Kumar, Advocate
(Expert) 28 September 2014
in what capacity your 66 year old dad was able to stop construction?
what was the case which he was referring to?
whether land was acquired?
whether there was a stay order?
Rajendra K Goyal
(Expert) 28 September 2014
Author, please reply the questions from the expert first.
Manish
(Querist) 29 September 2014
Hi,
Below you find the answers -
> My dad is the owner of the property and the road construction was stopped as multiple properties of multiple people were involved. So no work was done. But now slowly issues of majority were unsettled, dont know how, but only our case is ongoing. Only construction on our land was pending in that belt of 2-3 kilometers. So everytime, the Gammon guys would like to construct, they would call dad over phone and ask him to allow. Dad will say, let the orders come and then you construct. The road is constructed now.
> There is an ongoing case of compensation of the and going on with the government wherein, we are asking for the payment of the land as commercial while is government is telling to take money as agriculture. The case is ongoing for the same in sessions court there.
> The ongoing case is for compensation for the land as commercial itself. No actions were taken except that it was notified that so and so peoples land will be acquired for expansion of the NH and then road construction started. Dont know much as what all processes went in the backend. A lot of cases were filed and a quite a few of them are still ongoing in advanced stages, but my case is still in the beginning stage. The road expansion is for a complete stretch of around 40 kms and the length of my land under that is hardly 80 ft. There are a lot of other places in the complete stretch which is still pending and no construction has started in those areas.
> No there was no stay order issued by the court.
Please let me know if you have any other questions.
Sudhir Kumar, Advocate
(Expert) 29 September 2014
Understood it is a compensation case only
Is there any stay on acquisition?
Manish
(Querist) 30 September 2014
Hello Sir, No there is no stay on acquisition.
Sudhir Kumar, Advocate
(Expert) 03 October 2014
You told that the case is merely on compensation and there is no stay on the acquisition of land.
If there is no stay on the acquisition, then (as apparent from given facts) there was no justification to obstruct building of public way.
WHen your father was not there they could construct the road. So could not do in his presence.
It is apparent and hard to believe as to how the contractor of a Govt body would just vanish with labour and machinary simply because an old man is saying no. Such extreme steps are generally taken when there is actual violence. Please come with clear facts.
Even if there was no violence from your father The cases against your father could have been filed under some different section (can still be filed)
If you come clear with facts you can get better advise.
Sudhir Kumar, Advocate
(Expert) 03 October 2014
you said
"how can section 353 be applicable here. As per my knowledge and information, its applicable only when an obstruction is done for Government employees! From when are Gammon India employees considered as government employees."
read definition of public servant as given in section 2 of Prevention of Corruption Act.
Sudhir Kumar, Advocate
(Expert) 03 October 2014
you said
"The road expansion is for a complete stretch of around 40 kms and the length of my land under that is hardly 80 ft. There are a lot of other places in the complete stretch which is still pending and no construction has started in those areas."
criminal cases have been filed against how many other ex-owners.
Manish
(Querist) 03 October 2014
Hello Sir,
Thanks for the explanation. I am clear about the part 353 application now.
Apart from that, about the facts, yes, there was NO violence in any way which happened here. I understand its hard to beleive, but thats what has been happening for the last two years approx. Further, its practically not possible for a 66 yrs old retired person who had a heart surgery two months back to go and threaten / do voilence against people. About the case, as updated, they called my dad, asked can we work, dad said no, and phone was disconnected. Later in the night, he called dad and informed that since you did not allow to work, we will now file a case against you. Thats all what happened in this case here. Thats what the facts are.
Also, I agree that without any stay order, there is no justification to obstruct unless you have the authority or orders from court to do so. I also have been advising my dad about the same. But my dad not ready to understand. And there was not even a heated argument, forget about violence. They also had come to our house a few times, had tea, requested dad you fight the case, let us construct. Dad said no and they agreed. If there was any violence/threat, do you think any one will wait for two years to file a case. It should have been done earlier itself. All waited for the number of protesters to reduce before they can frame a single guy and make the scapegoat.
Also, as updated, there were a lot of cases for similar issues earlier, and the work was not happening for quite some time. Later on I don't know but cases have reduced and only mine is there which is still in the beginning stage at court(compensation case). Further, an additional case the one which is in question here was lodged recently a few months back.
About criminal cases against others, I wont know about the complete stretch (40 kms), but no work has progressed there for a stretch of around 5-6 KM's at all. I am mainly aware about the ones which happened in the village where this case refers to. As far as I know, there are a few cases still open against a few village mates, but I am not sure of the current status as I am not staying there. I am in Bangalore.
Also that they were able to construct the road when my father was not there. When they lodged a case, my dad was not there to defend, wasn't informed either, no one at home, so no one even knows about the case until recently when we went home. Further after lodging the case, they came and constructed the road.
These are all the facts which I am aware of related to this. I would seek your guidance to check what are my options and how to proceed further on this.
