• Seeking advise on a case

On 14/11/2017 a cluster of 10-15 bully enter in our house and beaten me and my wife till we got unconscious; post-incident we logged FIR in local police station; Meanwhile accused also logged false FIR against me; After that, i also logged complaint on PMO portal; investigation happen and police closed the case registered on pmo portal without giving justification what they did; seems like police is not neutral and support accused; till now 5 accused surrounded and 2 are abscond; today i got letter from court saying police put CrPC 107 against accused and need to present at court; I never face court and police, seeking your support; is my case is going in right direction?
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

1.107 crpc proceeding is a quasi criminal proceeding which is dealt with in Executive Magistrate court. So there is nothing to be serious about this.

2.So Engage an advocate who will assist you in remaining present in court and in getting your signature on the court papers.

3. Take information whether the police has registered FIR agaisnt the culprits or not.

If no then file a petition u/s 156(3) crpc in the court of the Magistrate.

4. if thereafter also the police does not take any action then file writ petition in high court agaisnt police inaction.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

If it is 107 IPC - Abetment, then police should have included more offences including 107 and investigated, filed a charge sheet. If all this not done, then summoning you as said for 107 is doubtful.

If it is 107 Cr.Pc, an executive magistrate may take a bond from the accused for maintaining peace and good behaviour, wherein you may represent your objections.

Rajaganapathy Ganesan
Advocate, Chennai
2023 Answers
8 Consultations

4.9 on 5.0

Crpc 107 is asked when the magistrate is reported that the accused can harm the public tranquility and magistrate on satisfied reason can asked them.to execute a bond giving security.

Your complaint in matter so you also need to be present before court to depose before the court.

This is to bar the accused further causing any harm.

Also you can seek report from concerned police department by writing the letter regarding your case on pmo portal by marking same to higher officer. There is probability that in case your FIR is registered and matter is before Magistrate your complaint on the said portal is closed.

You should take a copy of FIR and chargesheet prepared and should see what offences are put on the accused person. If in case your not satisfied or police has not mentioned all events of beating trespass for same further investigation can be requested from court.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Court has power to call you for the investigation in this section to testify.

The matter of breach of peace and court have to take all the necessary steps to decide if the accused are guilty.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Proceeding under Sections 107 and 116 (3) CrPC is drawn when the Magistrate receives an information and believes after forming an opinion that there is substantial ground for proceeding against a person. Therefore, the said proceeding is indicative of the fact that at some point of time in the past the accused was involved in causing breach of peace or disturbing public tranquility.

2) you should appear in court on the next date

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1) As the accused are surrounded or surrender? , and if court had called for under section 107 crpc the section in detail as below:

Section 107 in The Code Of Criminal Procedure, 1973

107. Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

2) The go in the court see what is going on if you are call for any cross examinations than give answers in yes or no, listen the question properly and than answer it.

3) Yes, the case is going right direction but why they have charged against sec 107 crpc of social / not mainting peace in the society, where as they had beaten you and your family in your house.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

CrPC 107 is power conferred on executive magistrate not court. You have to represent your case through prosecution in court if it's filed and action is taken against accused by police. Alternatively you can file private compliant before court stating police have not taken any action against accused for causing grevious hurt to you and your wife.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

107. Security for keeping the peace in other cases.—

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Whether any FIR was filed? You need to check if police doesn't file FIR then you have to do private procecution against the accused.

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

You should hire a criminal lawyer for your case. If you are not at all aware of Court procedure it's better to seek expert guidance from a good lawyer. You should seek appearance on every date and prove your case with help of your lawyer. Also, you should keep the documentary evidence of the medical report of injuries that were caused to you on 14.11.2017.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

This is humiliation and police corruptness. Complain to SP.

U should file FIR through court, 107 is minute and no case at all.

Ur case comes under sec 441, 323, 325, 341 Indian Penal Code.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Hello,

Yes your case is going in the right direction.

The police has already surrounded 5 accused.

Engage a local lawyer and appear before the magistrate in the court.

And section 107 must be of the IPC and not Cr.P.C.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Respected sir...

Accused had did wrong to you and they might have been punished by law ...sir doesn't matter whatever police had reported in there report of 173 crpc but if you want to be on there knees and want to see them behind the bars just hire a good lawyer who can fight your case and fight in such as strong way that the accused will be behind the bars...sir the court only need your statement for holding them guilty of offence ....Hire a good criminal lawyer ...that will best for you..

Thank you

Dinesh Sharawat
Advocate, Delhi
1253 Answers
12 Consultations

4.9 on 5.0

Hi

Complaint on PMO portal might have been closed due to reason that FIR on same matter is already registered.

Everything seems going fine.

To give more detailed answer it is important to know that you lodged FIR in which sections.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. It seems that investigation by police is not being conducted in a free and fair manner. It doesn't seem to be going in the right direction. In these circumstances you may file a petition in the High Court for a fair investigation.

2. The High Court can change the investigating officer or even entrust the investigation to another investigating agency.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

You need to appear before the Court through a local Advocate.

Get in touch with a local criminal lawyer and show him the notice that you have received from Magistrate.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Since you are the defacto complainant, you would have been summoned for deposing evidence as prosecution witness.

You have to attend the court and depose evidence without fail or the court may issue a bailable warrant agaisnt you for abstaining from attending the court even after receiving the summons.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can only appoint a watching advocate in this case as it is a state FIR. After framing of charges the evidence stage will come. At that time the role of witnessess are very important

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Without court name, district name and the state name , it will not be possible to find out the status of the case, however the first hering is on 15.06.2019, you may attend the court and see what is being transacted ion that day in the court.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

There are lakhs of cases pending in trial court 

 

criminal cases take around 10 years to be disposed of 

 

you have to obtain HC orders for expediting trial 

 

make out a case for urgency 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

See the court will frame charges then proceed with evidences as per case status case is going fast and on time you cannot expedite at this stage.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Without knowing the present status of the case no further advice can be given to expedite the case.

A local advocate on searching the record can advise to speed up the trial.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

There is no delay as of now to get the same expedited. It has not been even a year that the case was filed  

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer