I have written this post to highlight the importance and result of Courage, Patience, Knowledge,Focus
and Action. No Legal Sections discussed. Just Plain Basics.
I witness many 498A and DV Men cry loud about Police Action, when they are INNOCENT.
So, a word to MEN to be Brave first.
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I have attached a file extract that is an acknowledgement from the Police Team ( Home Department ). You can refer to that to know about time-bound service by the Government here.
I have attached the extract so that some members do not end up calling this a story from a comic book.
I kept my efforts on this file for close to a year and recently, had this re-opened.
Every time, it would get closed and I would persist and get it opened.
This time, I triggered it off, for Action.
So, all that I am trying to convey is
" In any matter, Remain Calm, Focussed, Self-Confident and Brave like a MAN
and You Can Get the ball rolling ".
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It was around 9:00 P.M. in the year 2014.
I had an appointment with an Advocate Client who lived on the outskirts of Bangalore.
To reach his home-office, I had to cross a particular locality that is essentially an
industrial area known for dangerous goondas as well as police shoot-outs of
deadly gangsters.
I was on my way and at a particular junction, a bike with three guys on it came from the
link-road and I had to apply instant brake, to avoid a deadly collision.
As a sudden instinct, I yelled at them. One chap started vulgar gestures and got down,
arguing all the while.
In a second, the other guys were off their vehicle and around me.
I knew with the typical instinct natural to Men, that this is now the trigger for a violent fight
and if I do not retaliate, it could take any turn.
Even as one chap stepped near me, I gave a terrible push on his shoulder joints, since any man in a head-on fight would have his strength maximized around his puffed chest and the shoulder joints would be the spot where resistance would be at it's least.
He fell down.
Instantly the others pounced and were joined by two others.
I fought to the maximum extent possible, pushing off another and punching two, receiving a couple of blows on my temple on the fore-head.
But realizing that I was fighting back, the five of them, now stopped fighting me,
pulled my bike to the centre of the highway and went on venting their anger on the bike.
A huge crowd had assembled and vehicles halted, but these guys did not seem to be
bothered.
They vented their anger on my vehicle and exited with lightning speed.
In that pitch dark locality, I could not note down their vehicle's registration number.
Around the same time, as I was trying to reach out to the Police Patrol, two of them on
night patrol, recognized me and to my luck the night patrol vehicle too halted and with a
force strength of four and myself, I made it very clear that I need those fellows rounded up.
We scanned and searched the locality for close to an hour.
But to no luck. Someone gave me a vehicle registration number as that of the accused
but that turned out to be fake, later when we got a verification done at the
Regional Transport Office.
I formally got the medical check done, got the Medico-Legal Report and did the
spot panchnama as a rough sketch, by myself and formally set the law into motion.
But as with anybody else, including with retired police officers, with the incident done and
over, the interest levels dip and despite insisting on an FIR, the police tried to coerce me into
dropping this.
I insisted, got a few witnesses summoned and interrogated, but they were unable to provide
any lead.
The Police too felt it a usual assault case and kept quiet.
Now I am a person who works really hard on my business and every drop of sweat is a
drop from the efforts put in.
So, some strangers with no worth-while purpose in life, committing a mistake,
assaulting and damaging my vehicle, was not something I was interested in forgetting.
So, I changed track to the procedural method of applying through the state's time-bound services
( sakala ) and got the ball rolling again. This service is unique, in that, if any state government
department does not complete the task in the stipulated time, the complainant is entitled to
receive a penalty amount from the department official.
Such a stage where the official has to pay a penalty also reflects his/her inability to
complete a task.
This is a huge blow to that person's image and usually they ensure that the task is completed.
But in this matter, the Police closed the case without my notice and I received the message,
to that effect.
I directly got in touch with the computer wing of the Police Department and had the same re-opened.
Yet again, after a few weeks, it was closed.
Yet again, I reopened the same and called the Police Officer on duty and told him clearly
to go as per procedure, get the CCTV footage from the Petrol Bunk nearby, round up the
witnesses and get a few suspects and call me over for the identification parade, as per
procedure.
He rounded up the witnesses and then again after their denial, he closed the file.
Yet again, but with a difference, I reached out to the Principal Secretary's Office directly
and got the file re-opened.
This time, I told the Police Officer " Give me one officer in mufti ( plain clothes ) and we will
land at the spot early in the morning. I will get the chaps and you take them in.
From there, we will take it up as per procedure. If you feel this is not possible, let me know.
I will move the penalty route. "
Now, this was an open but indirect hint at his in-ability and he quickly retorted
" Sir, Any time you can drop in. Personally, I myself shall accompany you.
Let me see how i miss out on those chaps. We will round them up Sir. ".
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THE LESSON FROM THIS INCIDENT is for the Men who keep raising queries about the
Police and the Fear.
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This is what the lesson says.
" WHAT FEAR ? WHY FEAR ? NOTHING WILL HAPPEN, IF YOU STAY CALM AND FOCUSSED.
STAY CALM. REMAIN FOCUSSED ON YOUR DEFENCE AND YOUR INTERESTS.
IF YOU WANT JUSTICE DONE, YOU HAVE TO WORK TOWARDS IT. YOUR NEIGHBOUR WILL
NOT WORK TOWARDS YOUR DEFENCE AND INTEREST.
THIS IS THE SIMPLE FORMULA.
ASK THE POLICE OFFICER TO EXPLAIN THE SECTIONS UNDER WHICH YOU HAVE
BEEN BOOKED.
SEEK CLARIFICATION, POLITELY.
MAINTAIN SILENCE AND LIMITED SPEECH.
DO NOT FLASH YOUR MOBILE PHONE AND DO NOT TRY TO GET HELP FROM AN INFLUENTIAL PERSON.
IT DOES NOT WORK, ESPECIALLY IN MATRIMONIAL MATTERS.
REMEMBER THAT THE WAR IS ON YOU.
FIGHT IT OUT.
IF YOU GET THE HINT THAT THE FIR is on it's way and the POLICE IS NOT SHOWING
ANY INTEREST IN AVOIDING THE FIR, so be it.
Again, Politely, insist on INVESTIGATION.
The I.O. at many police stations, usually have been observed to avoid a
'FORMAL INVESTIGATION, in matrimonial matters.
Insist that he does it.
Even if he does not heed your words, SO BE IT.
KEEP QUIET.
Complete the formalities for BAIL.
Gone are the days when 498A would mean a minimum of 14 days in Judicial Custody for the MAN.
The system has started going soft on MEN since many cases by women have been found
to be false and baseless.
FOCUS ON LEGAL REMEDY. DO NOT GET SCARED OF THE POLICE.
YOU WILL DO YOURSELF GOOD, IF YOU GET SCARED BY THE LAW, and NOT if you get
scared of the police.
SHUT UP AND REMAIN SILENT. INVEST YOUR MENTAL ENERGY IN BOTHERING
ABOUT THE BAIL FORMALITIES.
I SEE MANY MEN GO ON SPEAKING CONTINUOUSLY NON-STOP AT THE POLICE STATION.
ON THE OTHER HAND, WOMEN ARE CALM AND COMPOSED AND FOCUS ONLY ON THE CHARGES THEY HAVE LEVIED.
IT IS HIGH TIME, MEN REMAIN TRUE MEN. STOP SPEAKING NON-STOP.
THE POLICE GET IRRITATED AND SUSPICIOUS OF YOU, IF YOU DO THAT.
YOU SHOULD BE THE SUPPORT PILLAR FOR YOUR FAMILY MEMBERS AND
IT SHOULD NOT BE THE OTHER WAY ROUND.
So, have the FIRST REALIZATION that THE WAR IS ON.
You are in the BATTLE-FIELD and no-body is in the mood to let go of you, from the battle-field.
So, YOU NEED LOT OF STAMINA.
AS I SAID, FOCUS ON THE BAIL FORMALITIES AND NOT ON ARGUING WITH THE POLICE.
ONCE OUT ON BAIL, THE USUAL EXERCISE OF STRATEGY, LEGAL POINTS, LEGAL MACHINERY, TACT, DIPLOMACY, GATHERING OF FACTS AND EVIDENCE,..etc need to be initiated in a planned and systematic method.
I repeat, DO NOT WASTE YOUR ENERGY IN ARGUING WITH THE POLICE.
ISSUE BRIEF ANSWERS AND CONSERVE YOUR ENERGY.
If your ENERGY LEAKS, in a matrimonial dispute, your PEACE OF MIND goes for a toss.
Do not Cry Later, since retrieving peace of mind, is an up-hill task.
CAREER, SOCIETAL IMAGE,...etc - DO NOT BOTHER.
I REPEAT
DO NOT BOTHER
Unless you are convicted, your career does not get seriously injured.
Yes, there would be some tough moments, but those moments cannot defeat you.
About Societal Image, the lesser spoken of, the better.
SOCIETY TODAY IS MUCH BETTER. PEOPLE UNDERSTAND THE FUNDAMENTAL FACT
THAT LIFE HAS IT'S OWN SHARE OF SORROWS, CHALLENGES AND BATTLES FOR
EVERY INDIVIDUAL AND HIS/HER FAMILY.
YOU JUST NEED TO LEAD A NORMAL LIFE, TREATING THIS INCIDENT AS A
DISEASE THAT WILL GET CURED ONE FINE DAY.
I end this with saying
" BE BRAVE. REMAIN CALM. REMAIN FOCUSSED ON YOUR DEFENCE AND ON THE SOLUTION "
