Assualt
Minesh
(Querist) 13 March 2015
This query is : Resolved
Sir,
With due respect, I beg to state that I am citizen of India (Bhaarat) by birth and resident of B/2, Nand Bunglows, Gandhi Road, Bardoli, Gujarat and doing service with Private Sector Bank at Rajpipla. My family consists of my Father Mr. Thakorbhai B Modi aged 67 years occupation-retired, mother Mrs. Padmaben T Modi 62 years occupation-housewife, brother Mr. Kalpesh T Modi aged 41 years occupation-service with leading co-operative bank at Navsari, brother’s wife Mrs. Heena K Modi aged 37 years Occupation-service with leading private sector bank at Navsari, their Son & daughter aged 12 years and 7 years respectively residing at House no. 2/2273, Pochi Street, Panch hatdi, Navsari-396445, Gujarat. The applicant’s family has been suffering from the threat of his life, job and property and this application has been filed before your honour to ensure his life, job and personal liberty as well as his property and praying for appropriate action against the criminal as well as delinquent police officers through inquiry for the ends of justice.
1. That one Mr. Thakorbhai Modi son of Mr. Bhagwandas Modi being the owner of a property at tika no. 5/1, Survey no. 32 under Navsari-Town in the district of Navsari. This property initially it was an old property and at that time walls on both sides were in jointly ownership with the respective owners of tika no. 31 & 33, however in the year 1984 we have newly constructed the whole house on our own land including both side walls without anyone’s part in it that is East and West. Now on this land there is no right of the owners pertains to tika no. 31 and tika no. 33 as per drawing attached with this application. Please refer Annexure-1
Now on that wall on Western side which is the ownership of Mr. Thakorbhai B Modi, our neighbour Mr. Yazdi Kasad (culprit) owning tika no. 33 has illegally trespassed and without prior permission has indulged in our property and affixed the Iron Sheet on open space on western side wall. By this way he has not only trespass in our property but also tried to obstacle our right of easement.
In this regard we have applied for reassessment of our land area for tika no. 31, 32 & 33at city survey office on 26/06/2012. Accordingly the measurement was done on 23.07.2012 and whose report was received on 06.09.2012 after long follow-up with the office. The report given by the officer/surveyor was full of ambiguity and unclear. The report was showing that the wall in present status is still in joint ownership. On this report we had shown our dissatisfaction and send an objection letter to the office and inform them to reassess under the observation of SLR officer. We have enclosed the fees receipt paid for measurement and report given by them in this regard. Please refer Annexure 2.
But it seems that the officers are only interested in “Gandhi Note” and even though we repeatedly inform them about the whole measurement to be considered from the original sanad and documents but the officers has not taken the note of it seriously and gives false report to save the accused Mr. Yazdi Kasad. There is “Well” in the tika no. 30 which is in the ownership of Government i.e. under municipality. Now as per their record the distance from the well to Eastern side wall it should be 9,1/2 foot but at present the distance is nearly 8-1/2 foot that means difference of more than 1(One) foot hence we had a reason to doubt. Hence we feel that the officer or surveyors has not done their duties honestly and tried to escape from submitting the true report which purely negligence on their part in their duties.
We are also shocked and surprise that the surveyor has mentioned in the Index no. 4 that “In this city survey number the place admeasuring ABC is the ownership of applicant which was left and hence there is not question of right”. We also inform that to give us the exact measurement difference as per original sanad but they have not mentioned anything about it in this report. Instead of that they directly give the judgement which neither empowered them to do so nor comes under their purview. The surveyor doesn’t have any rights to give judgement but their duty is to give perfect measurement and to reply on the actual status. It seems that by using such words in the report they are trying to create ambiguity and want to force us in to vicious circle of law of court. Please refer Annexure 3.
2. Since we are trying to find out the facts in more details by giving various applications in government departments at various levels and places. In doing so the accused Mr. Yazdi Kasad is trying his all means and power to stop us in doing so. This can be revealed from our complaint dated 30.06.2012 which is annexed with this letter. Several times they have stopped us by creating issues intentionally by creating obstacles and hurdles on our way by keeping vehicles and bikes. If we try to inform them to remove their vehicles from our way to our residence, the accused along with his friends and relatives starts using abusive language on my parents and brothers as well as gives us threat for making us jobless and to end the life our family members. Such types of incidents were happen previously also by assaulting on my father without any reason or instigation on our part, which is mentioned in this complaint dated 30.06.2012. Please refer Annexure 4.
Since the accused Mr. Yazdi Kasad is a prominent builder & trustee and is having lot of influence, he successfully able to close the case which can be observed in our earlier complaint dated 30.06.2012 where the accused has create a fraudulent case on us and force us to sit for settlement so that the complaint against him could be withdrawn. As I told earlier that the accused has given us the threat to make us jobless which is clearly reveal from this incidence, as the accused has planned the case against my brother without any reason. Please refer Annexure 5.
3. Now the same situation has once again aroused on 13/02/2015. This time once again happens due to parking which was done on by my brother on public place. Once again the accused Mr. Yazdi Kasad has objection on parking mentioning that this parking place is his ownership and nobody is allowed to place vehicles on this place. Since the parking was done on public place my brother has denied remove the vehicle. At this moment he has called his friends and does assault on my brother at 10 pm. He was injured on head and for a moment my brother has lost the self conscious. His wife was alone over there amongst all those accused and was crying for taking the hospital but no one has help her to take the hospital. After sometime approximate 5 minutes my brother got conscious and immediately his wife took him at the nearby available doctor and later on he was further checked up at Navsari Civil Hospital. Please refer to Annexure 6. The civil hospital doctor in-charge has informed that the detail report shall be collected by Police Department.
We are of the opinion that the accused has no respect of law nor he is frightened of Police action and breaking any law as he is aware that he has money and muscles power through which he can successfully close the case and can shut the mouth of Police Department at any level. Even though we know that we are not going to get any response from Police Department we have shown the bravery to file the complaint once again. As we thought and assumed, till today there is no action initiated by the police department, hence there is a space to doubt. We have also sent a copy to PI, DSP, SP, DIG and Collector. From this we have only got revert from DIG none other than this has shown any interest in filing the FIR. The copy of complaint is given alongwith this letter as separate annexure. The email conversation done with collector is also attached as separate annexure. Please refer Annexure 7.
Please note that my parents are literally crying for such unbearable situation. Meanwhile in getting justice if any injury or life sentence caused to my parents or any family members, the sole responsibility should lie on the accused Mr. Yazdi Kasad and others and also should be held responsible to all responsible authorities including collector, having powers but restrict themselves to use against the accused / not able to direct the concern department and authorities to initiate the action against the accused.
With a ray of hope we have forwarded the complaint letter to consider the facts and to initiate action against the accused to get the justice. Your action in this matter will not only helps us to rebuild the trust on the legal system but also set an example to the miscreant and will prevent them and others people who tries to assault and thereafter spread wrong message about the police department and Indian legal system. Kindly note that, we are suffering from mental distress and damage to our credibility in the society. As you know assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress. Here there is a combination of the two crimes of threat (assault) and actual beating (battery). They are both also intentional civil wrongs for which the party attacked may file a suit for damages. And on this ground, we expect the reward from your end.
Please take necessary action.
Name of Applicant:
Minesh T Modi on behalf of my family members
Complaint against:
1. Mr. Yazdi Kasad,
2. Mr. Naushir Kasad
3. Other Family friends and relatives
Copy to:
1. Superintendent of Police
2. Human Rights Commission, Gujarat
3. National Human Rights Commission, New Delhi
4. Director General of Police
5. District Magistrate
6. Executive Magistrate
Yours faithfully
Minesh T Modi son Thakorbhai Modi
Mail id : mineshmodi4u@yahoo.com
Mobile No : 09979600555
NOTE: ANNEXURE ARE NOT PROVIDED SINCE ALL ARE COMPLAINT WRITTEN IN VERNACULAR LANGUAGE GUJARATI.
Devajyoti Barman
(Expert) 13 March 2015
Toolong long query. please post this in jist.
R.K Nanda
(Expert) 13 March 2015
query too long.
for more legal advice on mobile go for paid
click to talk option.
Rajendra K Goyal
(Expert) 14 March 2015
Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Query too long, please summarise and post the gist of it so that you can get proper opinion to it or consult a local advocate for advise in person.
