• What is legal procedure after receiving NC from police regarding abuse, harassment

I had registered police complain n.c regarding abuse and harrassment but it hasnt stopped , so what is legal procedure after that, and my jurisdiction is , chembur mumbai 400074, in which court can I file the case ?( can any court in mumbai or only in jurisdiction?).
Asked 5 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu

If it has not stopped then file a complaint case in the local Magistrate court wherein the court on proof of the allegation can convict the abuser.

Another option is to civil suit for injunction.

These cases are to be filed in the court where these incidents you have alleged had occurred.

Devajyoti Barman
Advocate, Kolkata
16839 Answers
238 Consultations

5.0 on 5.0

1. The facts are incomplete to advise. What is the relationship between you and the abuser? 

2. If you are not covered by the provisions of Domestic Violence Act, 2005 then you may file a suit for permanent injunction against him.

3. The case has to be filed in the court within the local limits of whose jurisdiction the cause of action arose to you.

Ashish Davessar
Advocate, Jaipur
25947 Answers
753 Consultations

5.0 on 5.0

1) You can make complaint against him for abusing and harassment , so police can register FIR against him in police station. Once FIR is registered the police will produce him in court in within next two days or next day.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

You have to file private complaint before magistrate under section 156(3)of cr pc to direct police to investigate and submit report 

 

2) it has to be filed only in magistrate court at Chembur 

Ajay Sethi
Advocate, Mumbai
62519 Answers
3810 Consultations

5.0 on 5.0

You can go and give a further complaint and request police to register FIR at the jurisdictional police station.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

Register the FIR against the said neighbour based on NC that even after complaint he is regularly harassing.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

File private complaint before magistrate as advised herein above 

Ajay Sethi
Advocate, Mumbai
62519 Answers
3810 Consultations

5.0 on 5.0

On basis of your complaint police will have to investigate and submit report to the magistrate 

Ajay Sethi
Advocate, Mumbai
62519 Answers
3810 Consultations

5.0 on 5.0

See to directly file in court a private complaint can be field with jurisdictional magistrate and he can take cognizence of same .

Alternativly police if you file complaint again can register FIR.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

I have already advised on this count and there is more to add further.

Devajyoti Barman
Advocate, Kolkata
16839 Answers
238 Consultations

5.0 on 5.0

Follow up with the concerned Police Station which had registered your NC. Move a fresh complaint with them, requesting them to Lodge a FIR and to proceed and act against the accused in accordance with law.

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

If your FIR is not registered despite following up and moving a fresh complaint, write to the higher officials of the Police; and incase even that helps, institute a private complaint with the concerned local Magistrate.

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read. It will helpful to you.

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts.

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

You can file suit for declaration and mandatory injunction in a civil court as well.

You can claim damages in the same suit.

 

 

Netravathi Kalaskar
Advocate, Bangalore
2514 Answers
6 Consultations

5.0 on 5.0

Hello

         File a complaint before th he police and if they do not respond file a complaint before the magistrate and he will order the police to carry out investigation and submit report.

Regards 

Rahul Mishra
Advocate, Lucknow
3563 Answers
10 Consultations

5.0 on 5.0

Dear Client,

Complain to area SP for no action of police. otherwise, file court complain u/s 156(3) CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
10455 Answers
9 Consultations

4.6 on 5.0

you can file the complaint in court regarding the same. Chembur jurisdiction is divided in kurla court and vikhroli court.you need to find out from both of this court. The easier way is calling your police station and asking them the same.

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

The NC lodged wbfore police can be converted to FIR and the police may register a FIR for the offences made out. You may have to follow it up with the police forall such further issues. and not court directly.

 

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

NC with a police is for information to police to register a criminal complaint agaisnt the accused in future if they still do not stop from indulging in such nuisance activities. Hence you may contact the concerned police for relief

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

If the police is still not registering the FIR agaisnt the person accused in your complauint for the said reasons, you may escalate the matter to the commissioner of police seeking his intervention and direction to the concerned police for initiating legal action on the complaint. If this also is not effective then you may approach judicial magistrate court within your jurisdiction with a petition under section 156(3) cr.p.c. seeking direction to the police for initiating legal action on the complaint pending before them

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

Hello,

File a criminal complaint before the Magistrate of first class in your local jurisdiction.

Regards.

Swarupananda Neogi
Advocate, Kolkata
988 Answers
2 Consultations

4.8 on 5.0

You can file police complaint against him u/s 503, 504  of IPC. 

Mohammed Mujeeb
Advocate, Hyderabad
7710 Answers
3 Consultations

4.5 on 5.0

1. BASED on the earlier police NC,  You can file Private Criminal Case u/s 156(3) Cr.P.C., in the local "jurisdictional" Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1942 Answers
11 Consultations

5.0 on 5.0

Yes, you can file harassment case against him.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

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