• Someone harassing my family but I have no proof

There is someone who used to harass me on phone long back is now  after my family because I changed all my contact numbers. He has also filed a case against my father  that my father his threatening him. What should we do?
Asked 1 year ago in Criminal Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
Lodge a complaint with local police stating all the incidents. Causing threats to a person a criminal offence and hence it is imperative that you initiate the criminal offence against the person who was causing such trouble.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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It was not a wise idea to take back the FIR. Now you have to face the hassles only because of this step.
However since he is indulging in same unlawful activities you have to lodge complaint once again. Ypu have to take the unpleasant step of facing the police one FIR registered. Else you have to bear the agony silently. There is no other way out.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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Why he is threatening you?
Does he want something from you?

Now this situation you need supports from members in your family. If the harassment and threat are going up to high level then lodged a criminal complaint before the police station. In your case facing the problems with breve mind is only solution  .  
1. When he calls, start recording.Keep records of the harassment.
2. Take measures to break off all contact to him
3. Do not get into a dialogue with the harasser, or try to reason with them, or answer their questions. You do not need to respond to diversions, questions, threats, blaming, or guilt-tripping. Stay on your own agenda. Stick to your point.
4. Stop answering the person's calls, emails, and other messages
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
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Dear Querist
You may file a criminal complaint against him before Police as you earlier Did, or file a civil suit for permanent Injunction and try to get a stay order from the court, court will restrain him and if he will do then he will be booked under contempt of court case too.

You may contact personally or over the phone after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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You have to file complaint with police once again narrating all the past events.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
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1. Why did you take the FIR back when you had not done anything wrong? Police is bound to question you respecting the facts enumerated by you in the FIR so as to be able to file its report. Questioning is a part and parcel of the dynamic process of investigation, without which the investigation will not reach a logical conclusion. Withdrawal of FIR by you must have encouraged and emboldened this person to continue to harass you .

2. Since the court has issued you the notice you have no option except to defend yourself in the court. You will be given equal opportunity by the court to defend yourself to rebut his claim.

3. Furthermore, you can seek a restraint order against him to escape further harassment.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. Lodge a police complaint against the said person by sending the complaint through speedpost (if police refuse to register FIR) under copy to D.C./S.P.,

2. File an application u/s156(3) of Cr.P.C. praying for a dicetion upon the police to investigate and act based on your said complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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1. It seems that complete fact has not been revealed in your query,

2. However, be that may, it was a wrong step to withdraw the FIR on the ground stated  by you,

3. He has filed the case after your withdrawing the FIR proves your statement "We fear that if we do some extreme case against him which may destroy his career, he will further haunt us" completely wrong since efven after withdrawing the FIR, he has filed the said case, 

4. Your allegation that he is a psycho and has tortured you for years is no ground for not seeking legal redressal by lodging police complaint and also by withdrawing it after lete filing it,

5. Contest the case filed by him fittingly and after obtaining bail,

6. Start your legal action afresh by filing FIR after collecting evidence of his such harassment by audio recording the same.
 
 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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