Pravin 19 April 2016

Filing a reverse nc on the complainant

Hello Sir,

My Name is Pravin, 25 yrs old working aa Solution Architect in Mumbai. On 9th April 2016, my elder brother had a small argument in public place on roads due to the other car overtook him and so my brother and the car driver had argument. During this scenario, my borther lost temper as he drank beer and he banged his hand on the the person's car and challenged him "Jo ukhaad naa hai ukhaad lo". The car person then located our address and came to our place and abused us. We went to the police station for filing a NC regarding abusing us at our home but the car driver reached before us and filed a NC against my elder brother for creating a mob at plublic place..The police recorded the car person's complaint and termed us as "Guilty". The police later gave warning to my elder brother and then allowed him to go.

After 3-4 days, the complainant accompanied with his friends abused my elder brother while returning from his workplace. They repeated this abusing thrice thus far. I want to file a complainant againsst this but will the police be able to take action against them? Please Suggest.

Please give me your phone number so I can call you and can take your guidance on it. Else, you can also call me at 91-8976453099.

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5 Replies

adv.raghavan (Advocate,9444674980) 21 April 2016

You should have gone for counter complaint at the time of occurence itself, there is no harm in it, but still now also you can do the same and get FIR , the police has to investigate both the matters to find out truth.

1 Like

Pravin 21 April 2016

The police allowed my brother to go by giving him warning not to make the same mistake. But now if we go and register a counter NC, will the previous NC come into consideration and the complainant might take action against my brother?
Also, it is a non-cognizable offence so far so will the FIR get registered?
Secondly, the complainant before registering an NC tracked my brother and created a public scene near my building. He even entered our house and started abusing. The police didnt took into consideration and didnt file a NC against it. Will i be able to register a case against this?

adv.raghavan (Advocate,9444674980) 21 April 2016

As i said earlier file a complaint for the said happening, if police refuse to take complaint then escalate the same to higher authorities through registered post, even then you have recourse in judicial magistrate court .Let the law take it own course. Simply bickering will not solve problems, you must act and wait for results. With this i am signing off.

1 Like

Pawan S (Advocate) 21 April 2016

I feel counter cases will increase the enmity. It was your brother's fault. So, say sorry and settle the lawsuits. Because involving into the judicial proceeding will not bring any fruitful result to you and that person.It will squander your time and hard earned money.

Else there are many choices available to you for the proceeding.

1 Like

Pravin 22 April 2016

Thanks Ekta.

I will go with your suggestion.