Police pressurising in Civil matter
Amit Chhabra
(Querist) 24 July 2015
This query is : Resolved
Hi
I am an Asst Prof of Laws
My query:
There are two parties A and B. A allegely owe Rs1 lakh to B. However A denies. Now, police is pressurising A to give Rs 1 lakh to B. Now this is essentially a civil matter. How can police interfere in it? Secondly, what is the remedy? At which platform, complaint can be filed against police?
Plz answer
With thanks
Regards,
Amit chhabra
Chanchal Nag Chowdhury
(Expert) 24 July 2015
If it is the local PS, Complain to the higher authority viz.,SP/DCP. If everything fails, file a civil suit.
Alternatively, seek sanction for prosecuting the errant PO for criminal intimidation u/s 197 CrPC.
P. Venu
(Expert) 25 July 2015
The police officer is overreaching. There are many an observations of the High Courts and the Apex Court on this aspect.
You may take up the matter with higher authorities.
Rajendra K Goyal
(Expert) 25 July 2015
If there exists no complaint regarding cheating etc. police has no job to interfere. Write and meet to the higher police officers, may get some relief.
Working of police is well known to all.
SAINATH DEVALLA
(Expert) 25 July 2015
There are various rulings of the different High Courts and even the SC, that the local police should not interfere in civil matters.Hence complain to the local highest officer.
Amit Chhabra
(Querist) 26 July 2015
Chanchal Nag Ji, under which civil law a suit against police can be filed?
SAINATH DEVALLA
(Expert) 01 August 2015
THE QUERY CAN BE CONCLUDED, BUT I AM JUST POSTING AN ARTICE RELATING TO THE STATE OF KARNATAKA:
COURTESY THE TIMES OF INDIA
RELATED KEYWORDS: Police-Complaints-Authority|KPCA|Chennai-Police
Now file complaints against police
Manu Aiyappa, TNN | Oct 21, 2013, 04.42AM IST
BANGALORE: If you were cribbing that there is no one to bell the police cat, there is hope finally. Victims of police brutality can now lodge a complaint for any grievances like misconduct, arrest or detention without due process of law, custodial death and abuse of power to the newly formed Karnataka Police Complaints Authority (KPCA).
"We have received 13 complaints from victims of police brutality. We have started verifying the authenticity of such complaints before proceeding,'' said Justice MP Chinnappa, former judge of the high court, who is chairperson of KPCA.
The other members are IGP (grievances and human rights) Alok Kumar, retired IAS officer Abhay Prakash and IPS officer Malini Krishnamurthy. "We are in the process of identifying a member from the civil society,'' Justice Chinappa said.
Any citizen can file a complaint with KPCA by post or at its office (room No 36/37) in Vikasa Soudha. KPCA will come out with its email ID.
The Supreme Court in 2006 had directed all states to establish KPCA in all states. But the Karnataka government acted on it three years later by appointing RJ Babu, retired judge of the high court, as its chairperson on September 7, 2009. But the KPCA did not become functional because of legal and technical reasons.
To remove such hurdles, the government in June 2012 issued an ordinance amending the Karnataka Police Act, thus incorporating the provision for constitution of the KPCA, and in August 2012, the ordinance was replaced with an act, Section 20 (C) of which deals with detailed provision for setting up of PCA and DPCAs.
"Our job is not only to inquire into complaints of serious misconduct against police personnel received from a victim but also those by the state and national human rights commission. If the officers are found to be guilty we will communicate the findings to the police commissioner or the district superintendent of police with a recommendation to register an FIR and initiate departmental action,'' Justice Chinnappa said.
No cops here please: I hope the new authority will be result-oriented to gain the confidence of common man. But I don't understand why two police officers are part of the committee. It should be free of officers in khakhi if it is to provide justice to common man., said Maj-Gen (Retd) K R Prasad, Janagraha.
What to report
Misconduct by police.
Death in police custody.
Grievous hurt sustained while in custody.
Rape in police custody.
Extortion by police officer.
Land/ house grabbing by police officer.
An incident involving serious abuse of authority by a police officer.
