1) it is not an offence to send request for disciplinary action
2) no case can be filed against you by police merely because you sought action on your complaint
3) if false case is filed by neighbour apply for and obtain bail
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Threatening to file a police case for requesting disciplinary action/inquiry in the office/college
Dear Sir, I am Murugan from Hyderabad. On 11 May 2019, my parents are staying in New Edaiyur (Mamalapuram) and they were assaulted by a neighbor,his wife and his son due to some financial matter. The neighbour is a distant relative and he is working in a central government office and he is studying in MIT, chennai. On 11 May 2019, he assaulted my father and verbally abused my mother and he lifted his lungi in the public place to insult my further, which is an obscene behavior. On the same day, we have filed a complaint in the police station and I have also e-mailed about this incident to the central government office and the educational institution requesting disciplinary action/inquiry against a neighbour and his son considering the insecurity of my parents’ safety. On 21 May 2019, police interrogated about the case on 21 May 2019 and advised to settle the case amicably without filing FIR but warned both that they will face serious consequences in terms of job & education if they involve in police enquiry again. On 23 May 2019, I have updated about the status of the case the central government office and the educational institution and requested the status of disciplinary action/inquiry against a neighbour and his son. Now, both of them were called by the central government office and the educational institution for inquiry. An aggressive neibhbour is threatening us to files police case against our family for the actions initiated by central government office and the educational institution. The requests to central government office and the educational institution were purely to provide information about the assault/ obsecene behaviours/ of neighbour & his family to the institutions and ensure they are not causing any harm to my parents in future since I am away from home. Bothe the central government office and the educational institution did not acknowledge my e-mails. However, they started their actions and I am not aware of the outcome of actions initiated by these institutions. Is it an offence to send a request for inquiry/ disciplinary action mails to central government office and the educational institution based on the actual facts/information? Can the police file a case for sending a request for inquiry/ disciplinary action mails to central government office and the educational institution? Is it possible to file a case without knowing the outcome of actions initiated by central government office and the educational institution? If there is a false compliant by a neighbor, how to challenge the case? Can I request the help of these institutions, if there is any false police complaint against us? Sir, kindly help with your legal knowledge/experience. Thanks.
Asked 6 years ago in Criminal Law
Religion: Hindu
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9 Answers
your family should not have settled the matter in police, anyway,
1. No offense to send intimation of any criminal action to the employer
2. Police won't file
3. You still can reopen your complaint stating he is threatening to kill
4. File complaint against him before he files, and defend his complaint
5. You can ask for help, but will they really help you?
I advise you to write a letter to higher police authorities about the matter and take legal help by engaging a prominent lawyer.
You were not suppose to settle the matter and insisted for FIR. IF police refused, go to SP .
No offense against you but later they may file false complaint of any fake incident in vengeance so FIR should be lodge.
NO.
When FIR will lodge than only actual disciplinary action will initiate.
No there will not be any disciplinary action legally for the above said facts and circumstances
you have committed no offence as per law for sending a request for enquiry and disciplinary action to the central government office and education institution.
As police has refused to register FIR in your case, you can forward your complaint to the senior officials of police under section 154 3 of the CRPC.
However if they also fail to take any action and get FIR registered, you will have to file petition under section 156 3 CRPC in order to get FIR registered and investigation ordered against your neighbours for his illegal actions.
If any false complaint has been filed by your neighbour, you should contest the same and if the complaint has been lodged without any prima facie evidence, you can file for quashing of FIR in high court under section 482 of CRPC. Also, apply for anticipatory bail.
You can request the help of these institutions in case any FIR has been lodged against your family, but they would be of limited help as they were not present when the incident occurred. Eyewitnesses who witnessed the incident would be of great help.
You missed something here.
Follow up the police complaint to get an FIR registered against the neighbour. Seek police protection to your parents.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
1. The office of your neighbour has nothing to do with the incidence since it is a police case. However, they can enquire whether there has been a serious misconduct in public or not damaging the reputation of the said Govt. organisation.
2. Sending a request/complaint to the govt. employer of your neighbour is not an offence for which no police action can be initiated against you.
3. However, if your said allegation is proved to be false before the Court then the neighbour can odfge a opilice complaint u/s211 of IPC bringing the charge of causing damage to them by lodging false police complaint and also for lodging false complaint to theier employer.
4. His employing Govt. Institutions has nothing to do with your case against that person. Refrain from involving his Govt. employer since his office can not punish him for his act which is purely criminal in nature to be handled by the police.
In retaliation to your complaint to the central government office and the educational institution, he might be threatening or would have given the complaint.
Dont worry about that, let him give any complaint, that can be tackled during trial proceedings,l if police is registering FIR.
Since they have done injustice to you by unnecessarily quarelling with you and injuring them, it is suggested that you do not withdraw the complaint against them given at various places and proceed legally to the extent possible until they apologise for their mistakes.
Dear client
Police will not file FIR for sending complaint to central government and Education society.
He is just threatening you for taking the complain back so that he becomes safe from the consequences of his acts.
And you can File FIR before completion of inquiry if you want to take action against your neighbour
