• False Criminal complaint and Police harassment

Respected Criminal Layers :
I am a British Citizen with a OCI card and living in Chennai for 18 months. I live in a gated community where around 120 apartments are occupied. A relative of the owner, who owns 2 flats, put an illegal iron chain in his parking spot to prevent other owners from mistakenly parking their cars in his parking slot. . Last week, someone broke this parking chain. There is no evidence nor CCTV proof to show the real culprit.

The owner of the parking slot, with the help of a High court Criminal lawyer came up with a 8 page complaint and stating that I, (out of the 400 people living in the apartment apart from the Builders workers,servants, drivers, vendors) was responsible for breaking the chain. He has named me. He has filed this complaint with the local police. I have no contact with him directly, though I am a Treasurer of RWA. This person has not paid ant maintenance nor RWA entry fee.

The SI called me on 24th night and asked me to come to the PS on 25th Morning as I was named in the complaint. I immediately Whatsapped this incident in our RWA group and informed them that the Relative (I named him) parking chain was cut and that I was called for an enquiry. On 25th morning, I met the SI. He was blabbering something for 2 hours and said that, since there was no evidence, he may close the case, after informing the same to the complainant.

On 27th , I got a call from the same SI and he asked me to come to the PS immediately. He was visibly angry and told me how I could threaten the complainant by the Whatsapp message. I told the SI that it was common message to the group. But he would not agree. He insulted me very badly and said that he will put me in Jail to bring down my arrogance. He said that he will file an FIR and make me roam to the courts for 2 years and this will make me bankrupt and will teach me a lesson. I asked him a copy of the complaint. He refused. I asked his name (He was in Mufti). He refused. I asked him for permission for lawyer to represent me. He refused. I asked to speak to his Supervisor. He refused. He asked me to write a mail stating that I did not do it and that I will not threaten the complainant in Whatsapp again. I refused, stating that I have to speak to my embassy. He got very angry and told me that he will make to come for investigation to the PS for 4 day in a row so that he will teach me a lesson.

I came out. Spoke to my embassy. They refused to represent me.They asked me to get a local lawyer. on 29th, I met the SI alone. He was a changed person. He said that he scolded and shouted at me as the lawyer was there. He gave me 2 options. Either get an FIR filed or write a letter that I did not do it and that I will not threaten him again. I did the latter. He called the complainant and asked told him that I was warned and that he should come alone, without lawyer on Dec 1 and get the complaint back.

I was asked and I paid Rs 2000 as bribe.

Was I right in doing this?
Asked 7 years ago in Criminal Law
Religion: Christian

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6 Answers

Sir since you done nothing wrong and there was no evidence agaisnt you should not have paid any bribe to police but in case a FIR was filed you against you have to spend time and money on legal fee and have to visit court regularly so seeing this situation you did right thing 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you did not have to pay any bribe 

 

2) you have not committed any offence 

 

3) merely sharing information on whats app to RWA that you were called  for an inquiry is not an offence 

 

4) request  RWA to install CCTV cameras in common areas of society 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

You dont have to worry. You file a complaint to his superior ACP,DCP and commssioner of police. He cant threaten you and do ilegalt things.

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

Sir, Why you pay bribe 2000? 

You can file complaint onlie to NHRC against SI. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

You should have engaged a lawyer. Police use intimidating tactics to make the parties compromise.  Don't get trapped.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Your approach to the Embassy on the local brawl was not a correct n or proper legal step.

you were a office bearer and representing an association, hence you should have gathered the other office bearers, discussed the matter with the office bearers, taken them with you to the poloice station, explained the problems created by the complainant and could have solved the issue with the help of other office bearers in a amicable manner instead of stretching the issue this far which caused you to face insults, humiliations and frustrations.

You said you took a lawyer with you, what he do to solve the issue?

Well, dont pursue the matter any further to avoid more embarassing situation and drop everything on the spot because none of your people will come to your rescue when you are in a serious problem like this.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

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