Regarding ipc seciton 107
sudhir kumar
(Querist) 09 August 2015
This query is : Resolved
I have a plot (with a hall made of karkat/steel roof) on which I started consturuction but after few days of construction (we already had pillers with their pillers when they constructed their home and the construction was almost done for 8 feet from the ground level) my father's cousine's son claims to have 10 X 40 feets and report to police. The police arrived at the consruction site and told us to stop the construction for the day and visit the police station with paper. My parents visited the police station with papers and discussed with them and they told us that they will visit again tomorrow. The very next day I visited my home town and soon after the police arrivee and we had a discussion with police and my courins that we will not start work on that day and will try to resolve the matter using discussion. I took initiative to resolve it using words and have shown each and every paper that proved that their claim was wrong and asked them to go against us in court if we are wrong (since we were not wrong as per the documents and perception). But they did not get the way with papers and told me that took aside the paper and give market value of that part and resume the construction (It seems like extortion money to me). After stopping the construction for two day I resumed the construction work then they told me to call police but I told them to call the police since we had no issue with them (they had). Meanwhile they abused our labours, challenged me to go to court for extortion money (as per my perception but I had no proof against them so did not go for that), told us for blood bath. I have a video for the same. After that they did not interrupted in construction work but after two months of construction they imposed an IPC section 107 on us and asked to fill a bond of 4 Lacs. What should I do in this case? Would I have to fill the bond? (I have video along with me) Can I go for a defamation case against them since we did not utter any word like that and it's them who threatend us of the blood bath?
Thanks in advance
Rudrawar Narayanreddy
(Expert) 09 August 2015
107 of abetment of some offence what is the allegation or offence alleged?. When case is false u can file suit for damages now and after 107 case is closed u file defamation
P. Venu
(Expert) 09 August 2015
You can file a suit seeking to restrain the other party. From the facts stated the issue is purely a civil matter and the action of the police amounts to abuse of power.
There is the alternate remedy of filing writ in the HC, but could be a bit expensive.
P. Venu
(Expert) 09 August 2015
By the way, is it IPC 107 or CrPC 107?
Rajendra K Goyal
(Expert) 09 August 2015
Submit the required bond and show all documents to your lawyer.
sudhir kumar
(Querist) 09 August 2015
Thanks for all the responses so far.
Its IPC 107 and they have imposed that we are threating them and any kind of violence can occur at any time. They are four brothers and my parents (senior citizen) lives along with my elder brother in my home town. I usually visit my home town once in a quarter. 10 years back they were struggling for food and now they have 2 four story buildings (Non of them have passed even 10th class, no permanent Job in their hand. One of them was in jail for robbery case for few years). After getting such a huge amount of money they are always threating us and making use of money to flex their muscels. It was the first time they threatend us before me and I was able to capture their abusing words in my camera.
seshadri dubey
(Expert) 09 August 2015
if its 107 ipc and the police has asked u to furnish the bond then contest the case without furnishing anything and interestingly enough why are telling us about the education qualification of your brother? we are not impressed by that, if your brother put a query here we will be answering him too.
sudhir kumar
(Querist) 09 August 2015
Sorry if anything hurt you regarding their education, I know that it was difficult for them to have education at that time. It was just to say the way they earned money.
Thanks for suggestion.
seshadri dubey
(Expert) 10 August 2015
Its ok Sudhir you have realized, we can win the case if we are flexible enough.
See my suggestion is that contest the case,furnishing of the bond is an optional one, just contest the case and give enough reason to the court that you have not done anything wrong so that the peace bond need to be furnished by you. best of lucks.
T. Kalaiselvan, Advocate
(Expert) 15 August 2015
furnishing bond for the said case is not at all necessary, you may file a petition objecting the te requirement based on the facts in your side and can repudiate the claim. What is your advocate's opinion to this?
M/s. Y-not legal services
(Expert) 09 August 2015
