File case against community harassment
Our community leader doing harassment to me and my Family,
1. The leaders have powerful contact in polytics
2, 10 to 15 people doing outrage in my village and any body going against them they keep out of community and stop their fishing business,
3. Then They take fines and use this money for their enjoyment
4. any body doing complain against them in police , they bring political influence then start to harass people and do out of community,
5, they do with my family taken to much fine from me and for another short thing they do me and my family out of cast,
6. I given complain against them to police but no action so i want to file case in court.
7. i want to recover my money, they forcefully given my friend home to my brother in law , i want my freind home vacant also. i want to fight against ex communicate.
please advice me under which section i want to file against them in my city court. I can not do PIL because I am alone and no body even my relatives also will not go against them.
Asked 12 hours ago in Constitutional Law from Diu, Daman and Diu
You can file private complaint before magistrate under section 156(3) of Crpc to direct police to investigate and submit report
In complaint furnish details of how community leader has sought to excommunicate you and your family , imposed fines and extorted money from you
Mention police has refused to register FIR on account of political influence of community leader
File a public interest litiagtion in the high court if many more families likeyou areaffected.
In todays time such act is despisable and must be brought to the light of the day.
Inform The newspaper also. Once the matter is highlighted then the local political dispensation and the police would be forced to take appropriate action.
Hon'ble Supreme Court syas that if a person has a grievance that the Police Station is not registering his FIR under S. 154 CrPC, then he can approach the Superintendent of Police under S. 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under S. 156(3) CrPC before the learned Magistrate concerned. If such an application under S. 156(3) CrPCis filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made.
So you file a complaint before Superintendent of Police and then file it on magistrate under section 156(3) of Crpc. Simply the written all the facts of the case you seeks to present and the relief you seeks for the same.
1. Since police is not taking action due to the political clout of these persons you should file a private criminal complaint under Section 200 CrPC against these persons whereupon the court may exclude the police from picture and summon the accused after recording your preliminary evidence.
2. To recover your money you have to file a suit for recovery in the civil court.
Hi , you can file a complaint directly in the court under section 200 Crpc .. The court magistrate may enquire the matter itself or can direct a police investigation .. The people found guilty will be summoned to join and face the trial ..:2) you can file a eviction suit in court to vacant your friends house