• Criminal trespassing and threatening and conduct of police office

I am a serving soldier of Indian air force. Last week while on leave I lodged a complaint to the sub inspector against my neighbour for criminal tress passing and threatening. The first reaction of the si  was why am I approaching him with such a filthy and petty case. When I insisted he accepted the complaint and came along with me to my house for investigation. At my home he said what the neighbour did was right as per societal norms and have a sermon to me there and asked the neighbour my brother and me to report to the police station next day. 
Next day when I reported to the officer he offered chair to the accused and have a verbal warning to me not to lodge complaints for such petty issues in future or else he will inform my unit authorities. Then he asked me to sign a register on which it was written that the accused was warned. I refused to sign the register saying the officer warned me not the accused. Then he again called me to the cabin and said I need not sign it. When I said I won't sign it unless he warn the accused he shouted me to get out. After sometime he called me to his room and made a mockery of warning the accused.
Then I signed the register and left the station.
I wanted to know whether the officer did the right thing or not.
Can I move against the officer for misbehaviour?
Asked 3 months ago in Criminal Law from Kochi, Kerala
Religion: Hindu
1) SI shoukd have lodged FIR on your complaint of criminal trespass and criminal intimidation under section 441 and 506 of IPC 

2) mere warning is not sufficent 

3) lodge complaint against SI before the commissioner of police for refusal to register an FIR

4) if no FIR is regd you can lodge private complaint with magistrate under section 156(3) to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
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1. Do not silt idle and thus type of corrupt man must be booked.
2. Immediately meet his higher officials and inform him about the misdeeds he has just done to you. The SI would surely br brought to books.
3.Now if any criminal trespass has indeed occured then you can file petition u/s 156(3) crpc 
Devajyoti Barman
Advocate, Kolkata
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Hello,
1) You can certainly move against the officer for dereliction of duty as it is not mere misdemeanor on his part but refusal to act justly within his duty and moreover corrupt support to some one accused of a crime.

2) You can file a complaint against him in the  police Department with the Commissioner of police with details of the incident and seek adequate steps to be taken both against the officer and the accused in appropriate manner.

3) If the police fails to take appropriate action or refuses to make proper investigation into Criminal trespassing and threatening you can prefer a private complaint before the Magistrate Court having jurisdiction, to direct the police to do the same.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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It is your word against that  of police officer 

It makes no sense in complaining against  the police officer 



Ajay Sethi
Advocate, Mumbai
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You should have lodged a written complaint and then had it diaried through the duty officer. If he did not acknowledge the receipt of the complaint then the complaint ought to have been sent through a registered post, It is clear that the cop sided with the accused because of either his proximity with him or he was bribed by him. You can shoot a complaint against the officer to the SSP/Commissioner of the district.
Ashish Davessar
Advocate, Jaipur
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444 Consultations
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that paper you signed thereon was merely a compromise deed . it has no valve in any proceeding. you have an option to file a complaint before the court of judicial magistrate against the neighbour. 

you should forget the incident occurred in police station because you have signed the document and it shows that dispute became resolved at the police station. 

if offence is not cognizable police is not bound to accept complaint and proceed for investigation (sec 155 crpc) but it can settle the issue by mutual consent of the parties. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Then I signed the register and left the station.
I wanted to know whether the officer did the right thing or not.
Can I move against the officer for misbehaviour?

It will be easy to advise you to initiate legal action against that erring police officer by making a complaint against him for this attitude with his higher police officer, whereas practically it will be arduous and fatigue to make such complaints and in most of such cases you will not get justice until there is a pressure from some external sources to police on this.
Think of it wisely and properly before taking any initiation on this.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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I don't want to go against the accused anymore. Only thing I am concerned about now is the officers behaviour. I gave him a hand written complaint but don't have a copy. Neither he has given any receipt for accepting the complaint. He didn't mention in the remarks that he has warned me. How can I prove that he has misbehave with me?

You need not have to possess evidence to prove the conduct of the police with you.  
Just move an application before the district police official with a similar complaint, you may get justice.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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