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Responsible Citizen (Personal)     08 August 2010

Physical Abuse and harrasment by Landlord

We are a tenant for alomst last 60 years , the old landlord had sold the property to a new person who is a local goon..His accomplices are trying to evict the house from us using pressure tactics..daily they came to the house with anti social elements ,drink and create chaos, fight with our servants, cause damage to our stuff and many other mischiveous activities, once they had thrown a whisky bottle ,of which luckily we escaped..

I had lodged a compaint in the local police station almost 15 days back but no action has been taken by them..I would like to know can i go to the court for police protection and stopping this people to visit the house as they do not staty there...

Please advice me whatever legal remedies I have to save my family.



Learning

 7 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     08 August 2010

Dear Sir,

You may please inform the area DCP for the inaction of police station under his jurisdiction and ask for immediate help since your life & liberty is at stake. secondly, visit the DCP office and explain your genuine agony and seek asistance. If you are happy with the desired action, you may also please lodge formal complaint and with similar relief of protection in the office of commissioner of police/ equivalent as the case may be.

If you are not really happy yet, you may finally move the Hon'ble High Court in writ for appropriate direction.

 

Trust this would be fine.

 

Rabin Majumder

Advocate & Attorney

For nu.delhi.law.fora.

New Delhi

Responsible Citizen (Personal)     08 August 2010

Thanks for the reply sir, I am also based in Delhi, Had visited the DCP office but unfortunately he was not available so I had handed over the complaint copy to his reader. Also I had dropped a detailed email to Police Commissioner but I think i am having a bad luck as there is no reply of the mail nor any action was done from the DCP office..

 

Really helpless now!! these  goons have good setting in the local police station and i think that why no action is initiated against them.

Responsible Citizen (Personal)     08 August 2010

Dear sir,

Is it possible that we can lock this premises and go somewhere else ..can the landlord capture the property in that case..as waiting for police to take action is increasing the risk day by day for us..

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     08 August 2010

Dear Sir,

Further to my earlier advice, please be advised that no on can disposses you from your proprietary & possessory rights without due process. Hence, you choose to immediately file suit for injunction.

secondly, you may file appropriate application Crlm. Procedure Code before MM for directing police to register a FIR on the basis of ur complaint of harrassment.

In any given situation, you may also dial 100 (since u r in delhi) should that be required.

 

Trust this would be fine.

 

Rabin Majumder

Advocate & Attorney

For nu.delhi.law.fora.

New Delhi

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     08 August 2010

Dear Sir,

Please be further advised that you have several actions which you may pick & choose to protect  yourselves & your property. Leaving the house would loosen your long standing claim over the property.

Trust this would be fine. I am of the specific view that if you need more detail advices please feel free to contact us and have detail strategy made in the given situation.

 

Rabin Majumder

Advocate & Attorney

For nu.delhi.law.fora.

New Delhi

lawyers friend (na)     09 August 2010

gr8 reply.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 June 2011

I am giving below Section 190 of the Criminal Procedure Code - 1973

 

190. Cognizance of offences by Magistrates.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

 (c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

 (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

You can apply to the Magistrate having jurisdiction over your location. You can also complain to him about police inaction.


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