A mad lady files IPC 341 for just parking my bike on side of road
A lady had her Maruti 800 car parked on side of the road and was about to start and move infront where infront a school van was stationery and was also about to move. I suddenly drove my motorcycle and parked it in between that Maruti 800 and the school van as I had to tell the driver of the school van that he has been summoned by the society president for his misdeed which I had complained about him to the society president.
In that process, the school van had to stay stationery for few minutes, while the lady was honking in her car asking us to move. I told her that I just need few minutes and if she is in a hurry then she can turn the steering wheel of her car and move from side as the entire road is not blocked (if she knows how to turn the steering of the car and had learnt driving completely rather than just knowing how to drive straight).
However, she like a mad person, irrationally noted down my motorcycle's number and called the PCR vehicle. Till the time it came she got down and started quarrelling with me saying, "I'll show you who I am", "I'll see that you go behind bars", "Those constables will beat you inside the jail"........... so on.........As the SHO was related somehow to her or her pal, he came to me saying that I had violated "human rights" by blocking that lady's way. :D. LOL! As if they have just human rights in India and no human duties.
I said that even I have paid taxes so even I have the right to use the road, but he asked me to come to the Police Station. Moreover, when I said that I will come in my same personal bike, he said that my constable will drive that bike and he confiscated the keys who drove my privately owned motorcycle to the PS and told me to get inside the PCR from which I got a humiliating ride infront of neighbors.
(The illiterate SHO had no idea also of laws other than "Human rights" like they say in Hindi movies and when I came to the Police Station for more details, he had to ask his staff that what section should be charged in the FIR and had to ask for a book. It was "I" who said that perhaps you want to file IPC 341 against me, he asked that what is it and I told him that it is about wrongful restraint and explained the whole section to him).
How do they pass the exam and become police officials? Just by mugging up thick General Studies book and not law books which has common sense? It reminds me of that story where 4-5 guys who goto town from village and all except one are learned and when they see a dead animal in the way they learned guys fix it up and were about to make it alive when the guy with common sense climbs a tree as he reasonably suspects that it is a lion which on coming back to life may kill and eat them. The lion after coming to life kills and eats all the learned men and goes away after which the guy who is not learned but has common sense comes down the tree and is grateful that atleast he saved his life with his common sense. :D. LOL!
If for such minor reasons, people are arrested and put inside bars, even our PM Narendra Modi would be in jail, and so would the railway officials who have put chains to stop the train.
MY QUESTIONS ARE ---->
1.) Is the lady and the SHO rightful in filing a case of "Human rights" violation (oops... later I enlightened them with wrongful restraint) against me?
2.) If yes, then why do you think so? And pls answer these few more questions too in that case.
A.) What answer do you have that even I had the right to stand in that road and explain someone about his misdeed as even I have paid road tax to utilize the road made by government as I am also a citizen of this nation?
B.) What answer do you have that there was no "No parking" sign where I had parked my motorcycle?
C.) What answer do you have that the lady could have turned the steering wheel to the right and moved from side if not from front as the entire road was not blocked?
D.) Above all, and most importantly, what answer do you have about these previous Judgements by our own Indian judiciary where it was not held that the accused had committed wrongful restraint and they were acquitted, because the road/passage was not completely blocked?
---->1) Where a tenant was partially obstructed from entering the premises by the closure of one of the doors, it did not amount to wrongful restraint as he was still free to enter the premises [Sankar Chandra Ghose v. State (1981) Cr.LJ 1002 (Cal.)]
----->2) A prevents the passage of animals of ? by putting certain obstruction on a road over which ? had a right of passage for men and cattle leaving a narrow portion of the way for men only to pass, the accused was still held not-guilty of wrongful restraint. [(1899) 8 Weir 340].
----->3) 4) A put up a tin sheet projection over C’s compound wall so as to hang over his paved courtyard at A height of about 7 feet above ground and the projection did not prevent any moving below it. It was held that A did not commit wrongful restraint because the projection did not prevent anyone from moving below it. [Chhagan Vihal v. R (1927) 29 Bom. LR 494].
IF YOU CANNOT ANSWER THOSE 4 DEFENSIVE QUESTIONS AND STILL WANT TO SAY THAT I WAS GUILTY OF WRONGFUL RESTRAINT, THEN DO NOT ANSWER AT ALL.
I am ready to accept my mistake but only if you can prove it beyond all reasonable doubts.
3.) Do you think that I am innocent for IPC 341? If yes, then also pls tell me why. Thanks.
4.) PERSONALLY OTHER THAN FROM THE LEGAL WORLD, don't you think that the lady and SHO are mad people and if it goes on like this then just like "dowry laws" every guy will be arrested without evidence or with insufficient evidence or for petty and insufficient reasons. Tomorrow, I guess nobody will even live near any woman as they might be thrown to jail for even humanly unavoidable reasons, especially if such SHO are there who have grown breasts on their chests (i.e. become woman supporters), especially for such ugly and old woman.
They might say, "do not even drive in that SHO's area, who knows he might throw you in jail if you were JUST driving infront of that woman's car and stopped even just to take a U-turn, thereby BLOCKING her UNLIMITED AND UNREASONABLE free movement without any regards to duties and rights of others too,as only she or women have rights to use the road and there is no value of taxes paid by men".
P.S. : Sudhir Kumar and supporters, incase you are here too like a mad person do not even dare to reply to this forum else what will happen to you after a long time when I trace you out will happen sooner. I do not need baseless replies so do not reply to my forum.