Misue of police power
Guest
(Querist) 02 June 2014
This query is : Resolved
recently my younger brother was travelling through bihar region , he is 18 and was pretty much unknown about the law of not sitting at the gate of the coaches in train, so he sat dere with listening music via earphones for 5 to 10 mins and then 2 police persons came and abused so offensively and harshly to him and when he made earnest appeals that i wont repeat it any further then the policemen became silent so my brother thought the matter is at end and again started using headphones by going away, at this instance policemen again got enraged and slapped him hardly twice on face and asked for 200 fine and heavily intimidated by dragging him physically for putting him into jail but he felt prostrate before them and they finally left my brother. after this instance, he is so frightened. what to do, in which court, what plea please suggest. i wish the worst for those bastards. a detailed view please. i beseech you all.
ajay sethi
(Expert) 03 June 2014
forget the issue . when train was in motion your brother was siting at the entrance of the coach listening to music .it could have endangered his life . the police were right in warning him but they should not have slapped him .
your brother will have to lodge police complaint against the constables wherein the offence occurred .
he may have to make multiple trips to court in case offence is registered against the cops . hence advisable to forget it as bad experience in life and move on
Guest
(Expert) 03 June 2014
Your Brother was sitting and travelling at the entrance of the Compartment that too listening to music,You are worried that he got slapped but how you would have felt if any thing had happened to him during that un safe travel.Instead of blaming the Police Men advise your brother.
Rajendra K Goyal
(Expert) 03 June 2014
You may initiate action against the police man. Your brother will have to visit 4-5 years to that place during the proceedings. Practically it would be difficult to prove the event.
Better forget, agree with the experts.
Sudhir Kumar, Advocate
(Expert) 03 June 2014
These policemen has failed and neglected in their duty.
They should not have slapped him, but should have formally arrested this arrogant boy and brought him to lock up.
You should have wasted a lot of money to secure his release and attending court dates.
You perhaps do not realise that leave aside life of your brother (which he/you do not seem to care) the career of these cops would have been in jeopardy if your brother fell off the moving train.
You just cannot imagine the plight of a man who falls from moving train (if not on tracks)badly injured at at secluded and uninhabited place. Not able to contact any one and raising futile alarm and none to hear his cries.
Instead of conveying thanks and gratitude to these cops you are planning to blame the cops who effectively forced your brother not to endanger his life.
Guest
(Querist) 03 June 2014
well opined by Hon'ble Sudhir kumar sir, but things to be noted-
1. Gone are the days of servile attitude and thanking somebody for hitting you, come on, non violent approach is already done to death.
2. the offence was not so grave for which such a protracted litigation would ensue , its just simply clear either u pay or simply a half year imprisonment and release thereafter.
Adv D P Jindal
(Expert) 04 June 2014
I agree with N.J.S.Rajkumar. It is strange to protect your brother instead to advise him how to travel. The police warned your brother , but he again did the same mistake. Mr. nirvanaseek are you right by calling the police man bastard who might have saved your brother from any miss happening.
