• NCR process

I'm into animal welfare who does dog rescues and adoptions. On 17th July'17 morning, I was walking my dogs when I found a German Shepard dog without any leash was following us. I thought the dog must have lost its way back home. The dog followed me home. I then used my dog's leash and took her for a long walk but didn't find anyone looking for her. I got her back home & posted in a facebook dog group. I even put a post on my area dog group on whatsapp. Till evening, nobody came forward to claim her. Later in the evening, one guy from my whatsapp group put a poster of the missing dog which had the contact details and also said 10k reward for the person finding the dog. I called the number and the guy asked me to send the pics. I sent the pics and he confirmed that the dog belongs to him. As I work in the night shift, I asked the guy to come the next day morning. Though he agreed, later his mom and some of his other friends started calling me and abusing me as if I have stolen the dog. They also wanted the dog immediately. I asked them to wait for one hour so that I can reach home and see the owners before giving the dog away. One person from the whatsapp group who knew my house has called this guy and showed my place as well. Around 8 to 10 guys came to my house when I was not even present. My old handicapped aunty was at home. She was abused by these men. They did not wait for me to come home. They jumped the compound wall and took the dog with them. They trespassed into my house. I then filed an NCR at the nearby police station. The police has NOT taken any action after this. The dog owners seem to be highly influential and rich people in my area. The dog owners again came the next day morning with a police constable who is their family friend. This cop does not even belong to my area police station They have indirectly threatened me to be in their good books else the consequences will not be good. I'm new to my locality and they said they live past 20 years and they have more influence. Please help and advise. Thanks in advance.
Asked 8 years ago in Criminal Law
Religion: Hindu

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4 Answers

If you want police to take action against accused then file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Case of criminal trespass is maintainable

3) 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

It is better to engage a lawyer to file private complaint before magistrate .

2) magistrate would direct police to investigate and submit report

3) if you feel they are goondas don't proceed with the matter . They have got the dog and would not harass you in future

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

If the police have not taken any action on your complaint, you may escalate the matter to the higher police officer.

You can add in your fresh complaint with the higher police officer that these people indulged in repeated illegal acts and posed threats through a cop from a different jurisdiction whose name also is not known.

You may add that the other copy who accompanied them also issued threatening notices to harm you.

You dont withdraw the complaint until they ask apology from you.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

If you do not want to escalate the mater through a higher police officer, you may file a petition under section 156(3) cr.p.c. before the territorial judicial magistrate court.

It would be better you take the assistance of an advocate in this regard because you may not be knowing the procedures in the court

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

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