• My neighbor has filed a false SR by the influence of police

Sir,

My father has been beaten up by the neighbors for cleaning the bushes around our house. They always threaten us by coming up in groups(family members) with deadliest weapons. The reason behind these kinds of threaten is because of land problems, for which we have raised a case and the case is in hearing.

My family is a respected family in our village, but the neighbor is a goonda family. Yesterday(06-Nov-2016), my father was cleaning up the bushes around my home. All of sudden, they came with sticks started hitting my father. As he is retired Army officer, he protected himself and my mother by rushing inside home. They did not allow my parents to come out of my home and some of their family members made some small wounds themselves and went to the police station and gave complaint on my father and mother. I was not with them at that time, I am working as IT professional in Delhi. I was not informed about this, as my father did not allowed any one to inform. 

The police did not investigate anything and they came arrested my father and remanded him. Now he is imprisoned. Under three sections, something like 302(part 1/part2). I am not sure about the sections. 

Please help me in getting bail for my father and to avoid this kind of problems in future.
Asked 1 month ago in Criminal Law from Sattur, Tamil Nadu
Religion: Hindu
Your mother should file counter complaint against the neighbour for having assaulted her husband and her 

2) mention about grievous injuries suffered by her husband 

3) also complain to commissioner of police against local police inspector for having regd false case against her husband 

4) your father should apply for bail before local court 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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1) install CCTV cameras in house 

2) when you meet your neighbour record the entire conversation 

3) don't go alone .go with some cousins or friends 

4) don't take law into your hands 

5) mother being senior citizen can complain against neighbour for having assaulted her and her husband 

6) contact local lawyer . Play safe 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. Find out the correct section under which FIR has been registered against your father since it can not be section 302 of IPC which is for murder.

2. Your first step will be to arrange for an expert criminal lawyer to get your father bailed out.

3. After that find out who is the IO of the case and negotiate with him to ensure that he keeps lots of loopholes in his charge sheet for which the case can be dismissed in favour of your father or your father can file a  petition before the High Court for quashing the said FIR.

4. After he FIR is quashed, your father can file a criminal case u/s 211 of IPC against them for lodging false complaint against him.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. No body can be stopped from lodging police complaint. Only thing to be considered  is whether the police will find enough prima facie evidence to convert the said complaint to FIR or not. Negotiation with police  appropriately decides the matter in our Country. 

2. You can visit the police station and meet the station Incharge with a complaint against your neighbour with injury marks certified by a medical practitioner of a local Govt Hospital or Dispensary. With appropriate negotiation police may take your complaint and register a FIR against your neighbour and in that case you will be protected from any counter complaint/FIR by hem against you. 

3.  At this stage any mindless act from your side may land you in deep trouble. First get your father out on bail coolly.

4. Yes, to avoid being accused, you should complaint as suggested above to preempt their future offensive action against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The charges against your father may be in a different section and not 302 as you have incorrectly mentioned.

He can be brought out on bail immediately, so apply for bail in the concerned court along with the documentary proofs of pending civil cases.

As a counter to this, your father may also lodge a complaint against those people who tortured your father.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1.  Your mother can lodge a complaint against them and in the same complaint she can mention that there persists a threat to your life also.
You also can lodge a complaint anticipating the trouble and your complaint should reach the higher police officer too.




2.  You cannot take law into your hand, if you indulge in such assaults then the police may put you too behind bars, better lodge a complaint and remain safe.




3.  If you are pursuing any government employment then you may better keep away from illegal violent activities. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. It cannot be 302 as this section is the punitive section for murder. It must be 307 i.e attempt to murder. Be that as it may, your first priority should be to bring your father out on bail, which would be an uphill task considering the sections imposed on him.

2. Your mother is at liberty to lodge a counter complaint against the aggressors. 

3. You cannot stop the other person from going to police to file a complaint against you.

4. Adopt a proactive approach. Install CCTV outside your house to collect evidence of their aggression and your innocence. 

Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0

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