Harassment and misuse of financial power
Myself is Tiyash Sarkar, a service personnel, live in Kolkata. I have posted a review against a restaurant in zomato. And the comment is all about the things which I have seen. Not as a consumer, but as a worker of neighbour restaurant. Like food pilferage, unhygienic food, unhealthy water, dogs roaming at nyt etc.
For doing this offence (I don't know whether this is an offence or not), the owner of that particular restaurant took me from my restaurant to the police station by holding my coller, and in a very bad manner from a busy road, like he captured a thief red hand. And at police station, he was telling the OC to keep me in jail for one night. The OC given a judgement by making me to write a apology letter and making a general dairy.
I am feeling very bad for myself for this incident. Please suggest me a legal procedure.
Asked 2 years ago in Civil Law from Kolkata, West Bengal
Your act comes under the defamation and he may file a civil as well as criminal case against you before the court and claim damages from you.
Try to forget the past it will be better for you.
If you want to take revenge or willing to fight legal battle with him then you can file a complaint before magistrate or police for his act. You are also right to file the defemation case against him under section 499 of ipc as well as the civil suit for damages.
Advocate, New Delhi
1) you have committed no offence . you merely wrote what you saw that food was been stolen , food was cooked in unhygenic fashion . dirty water was been used for cooking etc
2)the owner of restaurant had no business to drag you by your collar to local police station
3)you have not mentioned the contents of apology letter given by you .
4) you can file police complaint of criminal intimidation under section 506 of IPC against the owner . mention that you were forced to write apology letter against your consent .
1.lodge police complaint against said owner in PS of ur area asap.
2, u can also file criminal complaint under section 499 of IPC in magistrate court against said person for defamation.
3. u can also claim damages by filing civil case in civil court for defamation and manhani caused to you.
Advocate, New Delhi
The act of the owner of the particular restaurant is illegal and liable for criminal prosecution. He can not take law in his own hands. If you did any mistake the owner of the restaurant should file a case against you. You are advised to file a police complaint against the owner of the restaurant , if police not register the FIR you are advised to approach High Court through WRIT petition for direction to police. Further you can file defamation case and claim compensation from the owner of the restaurant and civil procedure code.
You can file a criminal case as well as civil case against the owner of the said restaurant.You can also file a Writ Petition in High Court for over action of police authority and lodge a complaint to the National Human Right Commission.
1. It seems that police is hand in glove with this man, which does not come as a surprise as Indian police is notorious for being corrupt. If OC was impartial he would have registered a case against this man for criminal intimidation instead of making you write an apology letter to him.
2. You had every right to post a review regarding something you witnessed. We cannot vouch for the contents of the review. Be that as it may, if the owner of this restaurant was of the opinion that the review posted by you does not represent an accurate picture and has been posted with the oblique motive of impairing his business, he could have taken recourse to law and filed a case for defamation against you. This is the utmost he could have done. Under no circumstances he could have dragged you to police with or without holding your collar.
3. You can now file a criminal case for criminal intimidation and defamation against this man. Also seek damages from him. He will be taught a lesson.
4. You may also address to the DGP/ Police Commissioner a complaint against OC. Alternatively you move to High Court to seek action against OC and damages from state for police inaction.
1. Why did you not resist when you were dragged to the police station?
2. However, is there any evidence to prove the stated incidence?
3. if yes, then send a complaint letter by speed post alleging the said offence u/s499, 506 read with section 120B of IPC detailing the incidence asking the police to take appropriate action against the said person. Send a copy of the said letter to the D.C,
4. After that file an application under Section 156(3) praying for direction upon the police to investigate and act based on your above complaint,
5. Alternatively you can also file a W.P. before the High Court against police inaction.
1 . You must lodge FIR, if police officer refuse to write then send details of the incident by registered post to the SP of the district. When you get no response then go to district court and file either complaint or application under section 156 (3)Cr.P.C.
2 . Restaurant owner has committed offence of Assault, criminal intimidation ,criminal trespass, defamation which are punishable under section 355/357/504/506/500/447 of IPC.
3. Apology letter written at police station in the presence of police officer on has no weight and can't stand in trial.
4. No person can hold collar or confine any person and present him before police station except in case if person kept hold is proclaimed offender, indulge in committing cognizable and non-bailable offence.
5. so file criminal case against him immediately.
The restaurant owner is no way justified in his actions in dragging you to the police station in public view.The OC is also not justified in his action under influence of the restaurant owner.And besides you have not committed any offence by posting a review online.
He had his legal options available without taking law in his hands.
You can certainly file a criminal case against him for having intimidated you and defamed you by his acts.
File a complaint to the police regarding the whole incident besides registering a complaint against the OC's action and address copies to the higher authorities and if needed seek help from the media
lodge a police complaint against the same. file a case both civil and criminal for defamation and claim damages with all proofs