sneha jaiswal 29 May 2021

Legal query

Hello, Learned Counsel!

In my city, there is a sugar mill. Under that sugar mill legal advisor, my friend was interning in her last winter break. One day, on her way to the sugar mill for work, she found that five people in the car trespassed to the campus of the mill by breaking the barricading and they started clicking photos of the mill campus. While they were leaving, they hit her and shouted to her that, they will kill her and her family. Now, she is too panicked and left her internship in between. Is there any legal remedy available to her and her family for their protection as they are not at all related to them?

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 May 2021

you can not leave the internship in between whatever be the reason, you got a callup letter that states the finishing dates and you joined because you agreed their Terms and conditions and leaving in between could violate some. so firstly read all the terms and conditons.

I.B. Pandey 29 May 2021

Inform in your office and thereafter security head to keep a vigil to stop strangers' entry without investigation.

Sankaranarayanan (Advocate) 30 May 2021

Self made story Ms.Sneha ? for your fabricated case simply she need to complaint to the police by her and put compliant to the management of the company to install CCTV for monitoring stranger activities.

minakshi bindhani 10 July 2021

Hello

Here is my recommendation

1. First, lodging an FIR (first information report) under section 154 of criminal procedure code, 1973 to the officer in charge of the police station and is the first step to justice to the victim and it promotes the Rule of Law and prevents the situation of Lawlessness.

2.Here the aforesaid situations the person who caused this situation would charge against section 441 and section 503 of Indian panel code,1860 for criminal trespass and criminal trespass respectively.

3.section 441 is a cognizable offence and section 503 is non-cognizable according to crpc. so according to sec.155(4) of crpc says if a case relates to one or two offences of which one is cognizable, the case shall be deemed to be a cognizable case. so in such a case, the person is entitled to file an FIR under section 154 of crpc.

4.Such FIR must in writing or given in orally that shall reduce to writing and shall be read over to the informant and signed by the informant.

5.police must register such FIR. This is a mandatory provision in the case of Lalita Kumari vs Gov. of Uttar Pradesh and others (2013)

6.The other remedy she can get if the police are not registered such FIR, the person aggrieved may send the