• Threatening and intimidating a women

Madam/Sir,

This is regarding nc complaint registered applying sections 504 506 by Police against Baahubali in Nagpur. This was on basis of complaint made by my wife and other facts. 

What happened:
When my wife approached a counter at private driving school, she was responded in an abusive and threatening language in front of 6-7 people. She was responded with statements like 'don't dare to deal with me, such people come and go everyday from here, Bahar nikalo, for money these people do like this'. My wife cried and was frightened and called me. I reached the spot and asked person to apologise otherwise police will interfere. He told me you can call anyone. Then I called police by dialling 100. And then after advise of police who came at spot, we went and registered a Complaint against him.

Queries:

1. Why Police didn't register 509 or other sections?
2. Why this is only a non cognisable offence? 
3. What shall be my next course of action to take this complaint forward considering only 504 506 are applied. 
4. Police told that they will not have any role right now. Is it correct? 
5.why police didn't call the person to police station that day itself.he is thinking he will manage everything. 
6. Can I share NC complaint registered copy in public forum? 
7. Any alternate legal way to get justice?
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

Since only NC has been registered you hav e to file private complaint before magistrate under section 156(3) to direct police to investigate and submit report 

 

2) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If police has not added a section then at the stage of charge you can get the section incorporated by filing a protest petition.

2. Now FIR has to be registered. If police does not lodge FIR then you file a complaint under Section 156(3) Cr.P.C and get the FIR lodged on the orders of court.

3. Police is lying.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny  lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

You need to ensure that you get a receipt of your complaint after it is registered.

Various States as well as the National Human Rights Commission provide the service of e-complaints where these complaints against the defaulter police officials can be filled on the Network Channel.

If the police refuse to file my complaint?

Yes and no. A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only for cognizable crimes, for non-cognizable crimes a complaint is submitted to the magistrate who in return directs the police for action.

A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc, that is crimes where arrest can be made without warrant & when such crimes are of a serious nature. A “non-cognizable” crime covers for example cheating, fraud, forgery, bigamy, selling underweight or adulterated food or creating a public nuisance, that is crimes where arrest can not be made without warrant & such crimes are not of serious nature. The simplest understanding being that the call for Action is time bound.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a complaint even if they don't register the complaint. You can also proceed the same in court in future. Yes you can share. You can also get connected with me through kaanoon through telephonic consultation I will explain you in detail

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. See police may have added sections as per your wtitten complaint, in case there as is no description of outraging modesty police may not add 509. 

2. See you should have filed a complaint asked to register FIR in NC police.will not take seriously.

Though if they have maliciously not added section in FIR you can give a application before court.

3. See the police has to register a FIR on your complaint if they fail to register FIR you can file private complaint before court.

4. Police has role they have to register FIR and investigate.

5. The police can give notice to accuse to present before police station it is not necessary to call on same day.

6. See you can privately share the NC complaint with any advocate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hurting modesty of women and threatening is different. If he has speak related to her looks or physical appearance than sec 509 would attract. 

Well, this sec can be add by court once charge sheet is filed.

And police is corrupt so they may not add this section to favour accused.

non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court.

You can approach court in which permission is pending.

NC can be share, no illegality 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

From the complaint registered by you section 509 is not made out. 

As the criminal intimidation doesn't include any type of injury or destruction so it is non cognizable offence.

You should file a criminal complaint in court against that bahubali. 

Yes police is right they cannot begin investigation without order from court. 

You can share NC on public forum but it should be better if you file criminal complaint in court on basis of that NC.

Go for section 156(3) CrPC and section 190 CrPC In  court and pray for registration of FIR before taking cognizance of offence by court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

apologies for a delayed response.. 

if police is not lodging FIR, then you can file a private complaint before the court of magistrate at Nagpur. Magistrate will direct the police to register fir. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You should have made the complaint in such a way that all the desired sections were incorporated in it.

2. Did the police register the FIR based on the complaint, then dont worry you can approach court for re-investigation under section 173(8) cr.p.c. for all the offences as stated in your complaint.

3. See the above answer.

4. If the police are not cooperating properly then you may approach the higher police officer of the city for further effective action.

5. You should have insisted on it.

6. yes

7. See the answer at No.2 above.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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