• Harassment by Kolkata Police

I was harassed by a Kolkata Police surgeon on my way back home. The surgeon charged me for talking on my mobile when the signal was red. He asked me for my car papers which I did not have at that moment and asked him to give me a spot fine. However I showed him the paper in mparivahan app. He behaved in a bad manner and started pushing me to get my license and also wanted to tow my car. When he snatched my license he threatened of severe consequences and gave me a suspension slip. 
How do I proceed against this police office??
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

You can complaint against him in the traffic dept. You can also file writ petition in high court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can file a civil case but the most difficult job would be to prove it in court. You need some witness or some recordings of the incident. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Well then you can file a case of harassment against the police officer Or make a complaint to the higher authority of the police station or to SP concerned.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

File complaint against police surgeon with commissioner of police 

 

2) also tweet about harassment faced by you on commissioner of police link 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

 

upload the video as evidence of harassment faced by you 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear

In this case you have to write a complaint to SP traffic against that official who has harassed and demand action against him send a copy of video recording along with the complaint.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

First seek for the cctv footage by way of RTI and lodge complain with DCTP for manhandling and threat to life amounting to murder in form of FIR, make sure FIR is sent in such way without going to police station that it gets registered, then see

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Well a police officer can exerciser force but the same must be reasonable to the job to be done.

2. For traffic violations such manhandling is certainly not permissible.

3. Since no public servant is beyond the purview of law you can lodge complaint of wrongful restraint. criminal intimidation and hurt with police station wherein such incident happened.

4 Lodge complaint in writing with his higher authorities as well.

4. Yours have a good case and do not let it go.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

File a complaint in writing with the commissioner of police, with all the details of the incident as you recall - including any identifiers of the police man in question. Higher ups are usually sympathetic to genuine complaints brought through a formal process.

File an FIR regarding the incident at the jurisdictional police station.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can lodge a written complaint to the DSP or SP how traffic police is harassing you and show them video recording. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can  produce the same in high court and demand for his departmental inquiry

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

if you have any problem with the police then you have to file a writ petition in the high court for direction so that by the police can be stop after the direction of the high court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Move a complaint against him to concerned superintendent of police along with that c. D in which u have recording. 

You should give a certificate under section 65b evidence act because that is necessary if you are giving any electronic evidence

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Report the matter to the S.P in written 

Thank You 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can complaint before the higher police authorities like the commissioner in case they fail to take the action file writ before high court for direction to police commissioner to initiate inquiry and register FIR against the said police man,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The video can be produced before the commissioner, 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Querist

Immediately file a complaint against him before his superior officials, also send a copy of the same to the Human right Commission and also file a complaint against him before the court for his mis behave.

 

if you want to take civil action against him than you may file a civil suit for compensation with defamation and claim compensation for injury to your reputation.

 

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Take  the issue to the notice of higher ups. 

If they fail to react, you can initiate criminal proceedings against the erring officer.

Further, you can share the video footage with the higher officials for their information and action. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You may make a complaint against the police who misbehaved with you and assaulted you before the commissioner of police.

If there is no reply from the commissioner of police then you may give a  complaint to the human rights commission about this incident.

You can even file a private criminal complaint before the judicial magistrate court but you need to hav some witnesses to prove your case.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This video clipping may be useful for filing a private complaint with the judicial magistrate court or before the state human rights commission.

Please remember that talking over mobile phone while driving (even waiting for  traffic signal clearance) is an offence as per MV rules.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

- Whatever, the said police official has done with you , these acts are against the Kolkata Police & Traffic Rules.

- The said police official is not allowed to take law of the land in his hand.

- You should lodged a complaint against him with the police statioin and also forward one copy of the same to Traffic Police control Department.

- One copy of the same should also sent to higher police office i.e. police commissioner /DCP.

- On demand by the Police official , you can produce the recording of the incident , dully recorded by you. 

 

Dont worry , you will get justice .

Dont forget to positive rating.

 

 

 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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