Me and my parents have been receiving threats to our life and property from my paternal cousin and his wife without provocation. We have been ignoring them as my cousin is of destructive mentality and uneducated. So we were not calling for trouble. But now they have started sending threats for very petty issues. We had previously registered and NC against my cousin in local police station. How can I pursue further to ensure that the trouble makers are brought to law. P.S. I have screenshots of threatening whatsapp messages and photographs of trespassing in our house and destroying our plants.
1) file Police complaint of criminal intimidation under section 506 of IPC against your cousin
2) rely upon messages received by you in support of your complaint
3) you can also file Police complaint of criminal trespass under section 441 of IPC against your cousin
You have only one option please go to the nearest police station and register your complaint.and submit your all evidence to the police station
Has any action been taken on the complaint filed by. Registering FIR is the option for you fir threat to life, mental torture, defamation, etc.
Or you both can come on some mutual settlement,out of court for the property issue
1. Lodge a fresh police complaint for the illegal acts of your cousin and his wife.
2. Send a copy therof to the local S.P./D.C. after a week from theb date of lodging the said police complaint.
3. If police does not take any action, file a Writ Petition against police inaction praying for a direction upon police to give you protection and register FIR, investigate and act based on your complaint.
If the threat is continue and you having screenshots of whatsapp messages and photograph of trespassing in your house and destroying your plants , then firstly you should give a written complaint to the Police commission /DCP for the action against him . If , even then, the threats of you parental cousin continued , then you should file a criminal complaint before the metropolitan magistrate in the court of your jurisdiction and for police enquiry under section 156(3) criminal procedure code .
The magistrate will pass an order for lodging FIR against him for the Threats/Trespass etc.
In this way, they will have to take Bail from the court and further they will stop to threat and other criminal acts against you and your family.
Note: Wishing you a tension free days and Pls. dont forget to rate my answer
Please file a writ of mandamus in the HIGH COURT for the police that what action they have taken your complaint. The High Court will direct the police to submit the progress report to HC.
You should immediately file an FIR in your nearest police station, if you are getting constant threats under section 506 and 441 of Indian Penal Code.
506 of Indian Penal Code states that whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
441 of Indian Penal Code states 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.
The screenshots of threatening whatsapp messages and photographs of trespassing in your house and destroying your plants can be used as strong evidence.
If police refuse to register the FIR or do not take action on registered FIR then you can send your complaint in writing to the Superintendent of Police (SP) by registered post.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
1. File a FIR in the nearest police station for criminal intimidation under Section 506 IPC.
2. Annex the watsapp chat with your complaint.
3. Furthermore, if you have an apprehension that he may illegally dispossess you from the property then file a suit for permanent injunction against him in the competent civil court.
You can file criminal complaint before the magistrate court in which court will order to the police officer to investigate the matter.
File a fresh police complaint with all the proofs that you have with you.
request the police to provide police protection in view of the treats you have.
What is the status of previous complain.
Complain again to police, Registered FIR and if police don`t than through court u/s 156(3) Code of Civil Procedure.
Hi
You are having enough proof to file a criminal complaint against them.
File the complaint to police under section 506 IPC.
THANK You
Dear Concerned,
File a complaint against the cousin and his wife in the nearest police station do mention the previous NC - you may choose to use these documents and messages to support your complaint to be converted to FIR.
Best of Luck
1. Police may not help so with your available evidence file complaint in Court against 8-10 persons who are supporting your parents counsin.
2. Once you file such complaint everything will be set right.
You have to once again lodge a fresh complaint against the intruders trespassers.
The NC filed earlier is of no use, since the police would not have taken any action on it, it would be better that you approach the police with fresh complaint for the reasons that you are afraid of about them.
