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Sultan (NIL)     26 October 2011

Recieved life threat

1. I have received Ancestral Land recently as per High Court Ruling.

2. The said land is wrongly under my relative's possession.

3. I am planning to initialize Court proceedings regarding getting the possession of said land.

4. The said land is in a remote village, having no police station. The police setup is also good in Taluka  

     Where court proceedings will be followed.

5. I need to travel & visit the said village & taluka for carrying out the court procedure...etc.

6. I have received Life threat from my relative in possession of said land for not to initialize any proceedings.

    My relatives have indirectly said threatened me via my other relative.

 

 Questions


1.To whom should I complain, under what section of which ACT.

2. Copy of said complain should be forwarded to which departments.

3. Any other suggestion are welcome.


...............................................Thank you.....

 



Learning

 17 Replies


(Guest)

Lodge a complaint to the police who enter it in their DD.[Daily Diary]. Send a copy of the complaint to the relative and if does not mend his ways get a good lawyer  who'll send him a notice followed by appropriate legal action. Leave your worries to the lawyer and have raas leela at ISKCON.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2011

file a complaint before the concerned PSI.


(Guest)

The police will only register a case for Criminal Intimidation.[Sec 506 of the IPC]

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2011

You can get police protection for getting the possession of the land by the concerned court.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Sorry Shonee, you are asking too much. Cops cannot protect everyone who is threatened. Come down to ground realities.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2011

:-) OK Boss, when you say, I have to come down.

 

I would give you an example, my Dad got it for getting back possession of his land. ON THE GROUND ZERO.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Democratic Indian (n/a)     27 October 2011

Yes everybody have wisely advised to lodge general diary with police, get police protection etc. Yes you may get police protection for taking possession of the land. But police is not going to stay with you forever, hence the main thing is maintaining possession of the land(kabza) after the police leaves and also safegaurding your life by taking common sense precautions and avoiding such situations. Best is if the things are done amicably by both parties without loosing tempers and getting emotional.


Right to Life under Article 21 of the Constitution is a negative obligation of State, hence State is not obligated to protect every citizen. Remember that lodging police complaints etc. is no sbsitute for self defense. RTI activist Sahela Masood had lodged complains everywhere including State DGP and Ministry of Home Affairs etc. but everyone knows what happened to her as she had not taken measures for self protection. You may also apply for arms license and keep youself armed and if possible be accompanied by more people. Arms are fundamental right under Articles 19 and 21 of the Constitution of India and Arms Act 1959 is a law to regulate this fundamental right. One may read details at https://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp


BTW enjoy this song by Babbu Mann about taking Kabza of land https://www.youtube.com/watch?v=BvEtSZq7Dnc  and "chak lo revalver raflaan kabza lena hai" and take kabza! ;)


(Guest)

How about using 144 Crpc going into 145 Crpc? Even 107, 116(3) might work and both cases the police would under obligation to enforce them.


(Guest)

Since High Court has decided that its your land then its Contempt of Court in addition to it being a clear cut case of Criminal Tresspass.

M.Sheik Mohammed Ali (advocate)     27 October 2011

yes i do agree experts query reply

Democratic Indian (n/a)     27 October 2011

Originally posted by :FORUM ROMANUM
"

How about using 144 Crpc going into 145 Crpc? Even 107, 116(3) might work and both cases the police would under obligation to enforce them.

Since High Court has decided that its your land then its Contempt of Court in addition to it being a clear cut case of Criminal Tresspass.

"

Section 144 CrPC and 107 CrPC are basically same except 144 CrPC for two months and 107 CrPC can be in force for period of one year. 107 CrPC, 145 CrPC can surely work if police report says that there is apprehension of breach of peace. Similarly contempt of court, criminal tresppass can follow. But usually the main problem in serious trouble is, in event of attack by opposite party how will the person safegaurd? People have seen cases when opposite party regardless of consequences of 144, 107 etc. becomes furious and launches violent attack. "Ordinary" citizens belong to A category of security and have to face the situation and this joke describes the same really well https://indiansforguns.com/viewtopic.php?f=23&t=15687


(Guest)

@Democratic Indian: Nice post. Nice link also. Indira Gandhi with the highest security cover was killed by her own security guards who pumped 32 bullets into her when even one bullet was sufficient. Rajiv Gandhi simply evaporated despite the highest security. Why can't we ape Americans by getting guns without intereference by by the State. Government thinks its doing a great obligation to citizens by giving them gun licences,passports etc. We are still a third world underdeveloped country and will continue to remain so. DEnied citizens free gun purchases also affects their fundamental rights as well as violates article 21 of the as well as the Right to Private/Self Defense.


(Guest)

DENYING INSTEAD OF DENIED--CORRECTION

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 October 2011

I don't know what to say of innovative suggestions of FORUM ROMANUM.

 

I don't think they can be implemented.

 

 

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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