Bus conductor of cluster bus Delhi took money and did not gi
Koushik Bhattacharya
(Querist) 06 December 2016
This query is : Resolved
Can sec 409 of IPC be attracted to a case where bus conductor didn't give ticket after taking money
DR.VEDULA GOPINATH
(Expert) 07 December 2016
dear Mr.Bhattacharya
IPC should be utilized for higher value and important matters and not for very petty offences. You can give a written complaint to the Bus Transport authorities who will take disciplinary action against the Bus conductor.
I appreciate you for having brought a public utility complaint to the forum.
cs dr vedula gopinath
advocate/arbitator
vgnath@gmail.com
Guest
(Expert) 07 December 2016
There is a Case in Tamilnadu where the Bus conductor had Not given the Change of Few Paise and the Case is Now in Supreme Court with a Claim of Few Lakh Rupees
Rajendra K Goyal
(Expert) 07 December 2016
Lodge complaint with the transport department.
Guest
(Expert) 07 December 2016
Mr. Bhattacharya,
Irrespective of the provision of sec. 409 is attracted or not, you please like to clarify the following points before some reply is given to your strange proposal:
1) What was the amount for which the bus conductor did not give you ticket?
2) Had you been denied the service of the DTC by traveling to the destination place?
3) Can you produce any proof in support of your statement about non-issue of ticket by the bus conductor?
Rajendra K Goyal
(Expert) 07 December 2016
Author need to reply the questions from the expert P.S. Dhingra.
P. Venu
(Expert) 07 December 2016
You can, but the question is whether is worthwhile?
Guest
(Expert) 07 December 2016
Mr.P.Venu being a Retd Govt Officer you should Not Justify the Illegality of Govt People even if is Few Paise. Author could Refer my above Posts to Understand whether it is Worthwhile Or Not.It should not mean that Only Illegality of Rs Crores should be Questioned.Even if it is Few Paise the Illegality to be Questioned.
Advocate. Arunagiri
(Expert) 07 December 2016
Yes you can file a complaint.
If he is a government bus conductor, you should file a complaint with the Vigilance Police department only.
Sanction for prosecution is mandatory for the private complaints against govt employee.
Guest
(Expert) 07 December 2016
Director Arunagiri of Gemmia Oil Tech Ltd is a director of Public Ltd company which is Suspended Now.Vigilance Police will Not involve in such Matter and Court would be the Remedy as I had stated about a Case pending in Supreme Court.
Sudhir Kumar, Advocate
(Expert) 07 December 2016
It may be better for the forum to wait for the querist to give facts of the case if he so desires.
Koushik Bhattacharya
(Querist) 10 December 2016
Thank you everyone for the reply. Answers to Mr PS Dhingra.. The conductor took Rs 5 when I asked for the ticket several times he refused to give one, then I shouted at him, he said do whatever you can I won't give the ticket so I called police at 9 14 he issued the ticket at 9 15, time is mentioned on the ticket. The police came and was arresting me as well as the conductor because the conductor said I abused him.
Rajendra K Goyal
(Expert) 10 December 2016
Lodge complaint with the department.
No one can be allowed to shout on employee on duty, if he was wrong you should lodge complaint.
Dr J C Vashista
(Expert) 11 December 2016
You have paid Rs. 5 for bus ticket for which the conductor did not issue ticket and you had traveled your destination; you had shouted, slapped and abused him and called police who have taken both of you to police station and inquired; what else do you want to know from the experts on this platform?
Contact, consult and engage a local prudent lawyer for lodging a criminal complaint before area Magistrate to take cognizance and direct the police to lodge FIR or investigate himself, proceed as per provisions of law and punish the conductor on being held guilty as provided in Indian Penal Code.
Guest
(Expert) 11 December 2016
Mr. Kaushik Bhattacharya,
I can very well judge that yours is merely a hypothetical academic query, otherwise you would not have talked about filing a criminal case against quite a petty issue worth Rs.5/-, which still depends upon strong evidence in your hands. Mere mention of time at the ticket cannot be an evidence to the crime.
Further, if police was called, still your description does not provide enough facts, i.e., what time the police took to reach the crime scene, what the police did, how much time police take in hearing you, the conductor & driver, the passengers sitting in the bus, how the passengers tolerated waste of their time in journey, how the passengers spared you for creating ruckus for merely Rs.5/-, and finally, how both of you could be allowed to let go free, whereas your story indicates, as if the police allowed both of you let go free within seconds of their arrival.
All these things very well suggest that your clarification is noting except a fabricated story for which you took about three days to find out for your explanation.
However, if it is a real incident, even in that case, before filing a criminal case against the conductor, you should also be ready to face a criminal charge of causing hindrance in official duties of a public servant, besides being ready for huge expenditure on criminal cases, waste of time and energy in facing such cases, may be against the conductor or against you.
Further to it, a pertinent question arises, how do you feel that you have an authority to file a case under section 409 of IPC?
Sudhir Kumar, Advocate
(Expert) 11 December 2016
first of all please explain to the experts whether Delhi cluster bus is PSU and whether he is employee.
I do not remember having observed whether any of bus indicates being property of a PSU as in case of DTC buses.
Dr J C Vashista
(Expert) 12 December 2016
It is good time-pass fabricated story of Kaushik Bhattacharya, without head and tail.
Koushik Bhattacharya
(Querist) 12 December 2016
I think some of the experts here are not worth it of being called an expert. Some don't know the code of criminal procedure if someone is guilty of sec 409 a private person can arrest him and Mr PS Dhingra whatever you are really not worth it. It is not a question of one five rupees. It's everyday 's problem. If some conductor doesn't give ticket he is guilty under section 409.
Koushik Bhattacharya
(Querist) 12 December 2016
I think some of the experts here are not worth it of being called an expert. Some don't know the code of criminal procedure if someone is guilty of sec 409 a private person can arrest him and Mr PS Dhingra whatever you are really not worth it. It is not a question of one five rupees. It's everyday 's problem. If some conductor doesn't give ticket he is guilty under section 409.
Advocate. Arunagiri
(Expert) 14 December 2016
Mr.Koushik,
Please mind your language. The experts spending time in replying you are not at your disposal. You are commenting on a a senior expert Mr.PS.dhingra.
If you want reply for your query you have to answer the clarification sought by the experts.
It is not a place for your time pass.
You do not have any right to testify our experts.
I demand apology from you for insulting our beloved friend Mr.PS.Dhingra.
Advocate. Arunagiri
(Expert) 14 December 2016
Mr.Koushik,
If you want reply for your query, please answer me. I wanted some details from you earlier, still you have not answered.
For your kind information penal section S.409 comes in IPC not in Cr.P.C.
Guest
(Expert) 14 December 2016
Dear Shri Arunagiri,
I am thankful to you for your moral support.
Sudhir Kumar, Advocate
(Expert) 14 December 2016
The experts here use their private time and electricity and net connection only to give honorary service to persons in trouble who get benefited by their unbiased opinion.
Some beneficiaries are thankful and some are thankless.
What Mr Dhingra replied to you is what will be asked by the Defence lawyer in court.
This certainly does not justify the comments which you made regarding Mr Dhingra.
Rajendra K Goyal
(Expert) 14 December 2016
Agree with the expert Advocate. Arunagiri, P. S. DHINGRA, Sudhir Kumar.
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
Guest
(Expert) 14 December 2016
Mr. Kaushik Bhattacharya
When, you knew about your own power, why as a private person you could not arrest the so called criminal conductor who committed a very grave offence of issuing you ticket of Rs.5/- so late at 9.15, and why police also failed to arrest him even on your calling?
PLEASE DO CLARIFY AT LEAST TO ENHANCE THE KNOWLEDGE OF EXPERTS AT LCI, WHY YOU DID NOT DARE TO ARREST THE CRIMINAL CONDUCTOR OF THE CLUSTER BUS, WHEN YOU VERY WELL KNEW THAT YOU WERE FULLY EMPOWERED TO ARREST HIM, EVEN AS A PRIVATE PERSON?
Also, if you are so knowledgeable, what was the reason to put your baseless question before the persons, whom you consider to be not worth?
Probably, you assume yourself to be a great judge about the knowledge of others, But did not have even a little bit knowledge to solve your own hypothetical question.
If your description has even one percent truth, why you failed to reply my questions, i.e.,
1) what time the police took to reach the crime scene?
2) what the police did on reaching?
3) how much time police took in hearing (i) you; (ii) the conductor; (iii) driver; (iv) passengers sitting in the bus?
4) how the passengers tolerated you for wasting of their time in dispute & journey?
5) how the passengers spared you for creating ruckus for merely Rs.5/-? and
6) finally, how both of you could be allowed to let go free?
whereas your story indicates, as if the police allowed both of you let go free within seconds of their arrival.
Sudhir Kumar, Advocate
(Expert) 15 December 2016
I was about to give my views on the issue. But seeing his behaviour against Mr Dhingra I refrain from helping him.
Dr J C Vashista
(Expert) 15 December 2016
@ Koushik Bhattacharya,
I fully agree with the experts you are "NO BODY" to give testimonials to someone of the experts providing valuable advise to needy litigants.
Sh. PS Dhingra is one of the senior most expert on this platform rendering social service FREE OF COST at the cost of his professional and private time, efforts and intellectual right, please note.
Before submitting any defaming remarks, against either of the experts on this platform, as you have mentioned hereinabove, you must think three times since the experts are not your "bonded labours".
I hereby personally condemn your atrocious behaviour/idiotic and stupid statement against Sh. PS Dhingra, accordingly I request you to withdraw it unconditionally.
Guest
(Expert) 15 December 2016
I Regret To inform about Mr.Arunagiri who had made Some Postings above.He is the Director of A Company Called Gemmia Oil Tech Ltd.Its Market Capital Once Even Touched Rs.900 Crores.Now the status of the Company is Untraceable and Suspended in BSE.Director Arunagiri Had Also Submitted a Valuation Report of Rs.2000 crore to BSE for a company called Naftogas India Ltd to be Taken Over by his company Gemmia Oil tech Ltd which is totally False and Fake.All the above mentioned Facts could be Confirmed in BSE website.Mr,Arunagiri is an Active Director of the Public Ltd Company and present Status in Un traceable.If Arunagiri is an Advocate as per BCI Rules being a Director of Public Ltd Company he Should Not Practice in Court.To my Knowledge Some of the shareholders/investors who had suffered a Lot because of this fraudelent Company is in Process of Filing Cases in High Court and SEBI.Mr.Arunagiri Posting here as Defender of Advocates I dont Understand Why with for What. Intention.Better to be aware of this Facts and Not to Involve with such Persons.
Guest
(Expert) 15 December 2016
We should welcome the learned law scholar, Mr. Kaushik Bhattacharya, who knows that as a private person he could arrest a bus conductor for late issuing of a bus ticket worth Rs.5/-, but did not do that even with the help of police and other passengers sitting in the bus. But, failure to exercise his law enforcement power remains a mystery until he explains the specific reason for not exercising his power!
Guest
(Expert) 15 December 2016
Dear Mr.P.S.Dhingra Sir I am Not able to Understand About Whom your self Addressing as"We should Welcome the Learned Law Scholar" Please
Guest
(Expert) 15 December 2016
Dear NJS Rajkumar,
Probably you have not read my post properly, where in the very first line of my post the name of Mr. Bhattacharya with reference to the arrest of bus conductor by a private person has been mentioned very clearly.
Guest
(Expert) 15 December 2016
Thanks Senior Advocate/Expert Mr.P.S.Dhingra
Guest
(Expert) 15 December 2016
You are welcome.
Guest
(Expert) 15 December 2016
Mr.Arunagiri If you have any Legal Justification On your Side Please Post the Same With in 3 Days from Today
Dr J C Vashista
(Expert) 16 December 2016
Dear Sh. Dhingra,
It shows your magnanimity towards such an idiot who has no respect for such an expert rendering social service.
Regards
Sudhir Kumar, Advocate
(Expert) 16 December 2016
Mr Dhingra may be magnanimous.
but
I repeat
I was about to give my views on the issue. But seeing his behaviour against Mr Dhingra I refrain from helping him.
Guest
(Expert) 16 December 2016
Dear Dr. J C Vashista,
I quite thankful to you for your appreciation and moral support.
Koushik Bhattacharya
(Querist) 19 December 2016
Dear experts I thank you for your insights. If have hurt any of your sentiments I apologise for that. But experts should give valuable suggestions not mock on any issue that it is hypothetical.
Koushik Bhattacharya
(Querist) 19 December 2016
Mr PS Dhingra that time I didn't know of the power of private persons to arrest. Why I was angry on you is because of your calling this a petty issue, because this corruption of 5 rupees by many conductors on many passengers would lead to loss of revenue of a very high amount to the government. My no. Is 9953630348 if Mr PS Dhingra if u want WhatsApp messenger I will send u some videos of the day so that u know it's not an hypothetical question.
Sudhir Kumar, Advocate
(Expert) 20 December 2016
You are going to spend some time, energy and money on the issue.
You can go ahead.
Do not you think that with same amount of time, energy and money you can unearth larger corruption.
Guest
(Expert) 20 December 2016
Mr. Kaushik Bhattacharya,
I am not interested in seeing video of the event. But one thing is a must, if you know the power of a private person, you must also try to know for which specific types of offense a private person can make arrest of an accused. These powers as specific, not generic.
Anyway, Best of luck!
Koushik Bhattacharya
(Querist) 20 December 2016
Mr PS Dhingra a private person can arrest for cognizable and non bailable offence and an offence u/s 409 of IPC is of that character only.
Rajendra K Goyal
(Expert) 20 December 2016
Dear author,
Has the experts stopped you if you want to proceed, they have given their views, rest depend on you.
You can consult with your lawyer and proceed.
Guest
(Expert) 20 December 2016
Mr. Kaushik Bhattacharya,
For your mental satisfaction, better go to arrest the conductor now.
Dr J C Vashista
(Expert) 21 December 2016
Please stop this thread, enough is enough.
P. Venu
(Expert) 31 December 2016
2016 is coming to a close and the New Year at the door step. I trust the New Year will give us the strength and courage to turn a New Leaf and rise above our limitations and contribute much more through LCI.
Happy new Year!
Rajendra K Goyal
(Expert) 01 January 2017
Agree with the views of the expert P. Venu.
