Rajinder Khanna 06 October 2017

Section 107 &151 of CRPC

Misuse of Article 107/151 Sir, I hv dispute with my wife since last couple of years, and I was requesting my brother in law to sit and advise his sister to behave in right manner, inspite of my repeated requests to him and other relatives no action was taken by them subsequently, I wrote intermittent emails to employer of my brother in law with a humble request to please pervail upon their emplyee to sit and resolve the family matter in last five years. However, recently my brother in law alongwith my wife lodged a complaint against me in police under section 107/151 of CRPC and I have been subjected to jail for 23 days, I repeatedly requested the concerned police officer to lodge my complaint also in this regard but he didn't listened my request as my in laws are influential people. Please advise me what action should I take now. Regards.

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Siddharth Srivastava (Advocate) 06 October 2017

You have exceeded your limitation by writing to the employer of your brother in law. Section 107 and 150 Cr. P. C. Is a preventive measure employers police to issue kalandra under said sections if there is apprehension of breach of peace in public place. Mere on issuance of kalandra the accused is not sent to jail and it is after the complete trial before executive magistrate the accuser if found guilty is directed to furnish bond of his good conduct for one year and if accused violate the bond within one year then he is sent to jail. Crime u/s 107 and 150 is bailable offence and if accused could not furnish bail bond then he is sent to jail. It seems that you are trying to show yourself innocent. Every culprit assert that he is innocent. If police officer has not lodged your complaint then file complaint case. Consult a lawyer with details and also be honest to your advocate with true facts.

Kumar Doab (FIN) 15 July 2018

Instead of proceeding on your own and overreaching and inviting trouble, IT shall be better to consult your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you.

Check for such counsel at LOCAL Family/civil courts, HC, SC.