if police refuse to file FIR against neighbour for criminal intimidation under section 506 of IPC then file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report
Mental harassment, threatening and disturbance in personal life
Hello Sir, The below complain I'm giving to Local Police Station. I'm Pooja staying in Bangalore. We have small garden in front of my house & I have made fencing (on Oct 2016) for safety reasons (villagers, animals & neighbour), as we don't have any association & security in our layout. There is no blockage in the road due to this fencing. And I have already informed to my Builder about this. It's fine from builder side. I'm staying with my husband, son & mother. I was out of town on Saturday - 15th April 2017 & my Mother was alone at home. Around 10:30 AM, my neighbor came & locked the fencing gate in our absence and my mother was alone at home. And he was saying this it’s illegal fencing, you have to remove it immediately till then I will not open the lock and he was threatening to my mother that he will get bulldozer and demolish our fencing. My mother age is 70 years & she got scared, was feeling unsafe & unwell after this incident. Mean time I informed my nearest Police Station - also informed builder of my layout. My neighbor was contentiously arguing with Police, Builder and with my Mother. He did not ready to open the lock. After struggling him with 2-3 hours, finally he removed the lock. But he was contentiously threatening & warning to remove this fencing. Police warned him that he will not do such things till house owner will come back. But on very next day - Sunday 16th April 2017, my mother has seen that he tempered our trees (he entered our house). As Police warned him on Saturday 15th April 2017, that he will not do any harmful activity in absence of house owner but he did it, so my mother got very scared of his aggressive behavior from last 2 days. My husband & I both are working & my mother is at home alone full day. So in future he may harm me or my family as he alcoholic too. This is not first incident, for past 4 years he is troubling to my family. He also keeps throwing cigarettes and gutkha pouch and other stuff in the compound of my home. I also feel that he is keeping eye on us via his CCTV camera. Many times he comes to our home with different reasons (i.e. to get his cricket ball, need stool, street light). He always finding reasons to talk and fight with us. He always disturbs us with his inappropriate behavior. As women my mother and I don’t feel safe in his presence. We are in fear that he may harm us. In future if something wrong happen with me and my family then he will be responsible for that. We are facing mental harassment by our neighbor. As we can’t wait for any major incident happen with us in near future. Same day of incident, I have made online complain to Bangalore Police Commissioner, SP Bangalore, DCP South Bangalore, Kiran Bedi - Safer India, National Commission for Women. Today we went to file a complain against him, Police Inspector was saying that, it's not a big issue, he just only locked your fencing gate not your home. If Police will not help us then what else we can do?
Asked 7 years ago in Civil Law
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3 Answers
1, Entering into your property without your permission is a criminal offence for which you can lodge complaint with police about criminal trespass and criminal intimidation.
2. If police does not register FIR then file petition under section 156(3) crpc in the magistrate's court.
3.You can file civil suit for declaration of your boundary and injunction against your peaceful enjoyment of the same also.
4. Do all these legal remedies if he refuses to open the lock.
What was the reaction to the complaint given to the Commissioner of police?
If you find that the police are not cooperating are very reluctant to initiate action on such rowdy elements, you may file a petition before the concerned magistrate court under section 156(3) of cr.p.c. seeking its direction to the police to initiate necessary action as per law agaisnt the said neighbor and to register FIR if necessary.
