See you have to.file a formal complaint with police and seek protection or you can approach SDM the executive magistrate under 107 Crpc the magistrate shall restrict the said persons.
Now i am in paramilitary force posted in gujarat.my neighbour alongwith 10 gundas threatened me and my family and also threatend me to engage in false case .i dont want to file FIR due to nature of proceedings of case and delay of timely leave.what should i do for safety of my job and my family?plz help. my email id: [deleted]
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
See you have to.file a formal complaint with police and seek protection or you can approach SDM the executive magistrate under 107 Crpc the magistrate shall restrict the said persons.
1) Get the senior social members of your area involved in the talk and get matter sorted outside the police station. Don't go for unnecessary rubbish talk or withdraw from fight for family safety.
2) because you have not mentioned root cause of the fight why 30 gundas entered your home etc
File a NC application at jurisdiction police station with details and facts and request to police to give police protection to your family.
Report this to the nearest Police station atleat and take a receiving from them. This way you'll have a record with you, which will help you in the long run incase this escalates in the future.
install CCTV cameras in house
2) record their threats
3) file police complaint under section 506 of IPC for criminal intimidation
An fir must be lodged against them immediately in the local police station and if the police refuses to register the case then file a complaint case against them and the magistrate shall take cognizance and order the police to investigate the matter.
You dont have to come from your place of posting and the complaint shall be filed on behalf of your family members.
Regards
Immediately lodge a complaint with Police and register a FIR u/s 384, 509 IPC.
There must be a reason behind this threat and try to find this out.
Inform the elders of the locality so this incident may not be repeated when you leave for your duty.
1. You have to file the FIR first. UNless FIR is filed any proceeding before any court of law to seek protection will be an exercise in futility.
2. File the FIR and then you may file a protection petition before the High Court to secure the life and liberty of yourself and family members.
You can send a letter to the superintendent of police through your commandant mentioning the prevailing danger to your parents and seek protection .
This is the next best option.
Dear Sir,
The following information may kindly be read:
How to File a Harassment Complaint Against a Neighbour
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.
Harassment Through Nuisance
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. Harassment Through Mischief
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.