Notice u/s 149 of crpc

prasad (Querist) 24 November 2016 This query is : Resolved
My neighbour is constantly harassing me (scratching my car, throwing stones and spitting aimed at me or my kids). When I went to complain, the lady started shouting at me. At night I was called at local police chowki and came to know that they filed a false police complaint against me u/s 504 and 352 of IPC and police on the spot served me a notice u/s 149 of CrPC and told me not to indulge in any fights with them. Next day I left for Jordan for business trip. meanwhile I updated other residents of the society on common society whatsapp group about the incident and they expressed shock and concern. This further enraged my neghbour and when I returned home after trip I was again called by police and he told me that I have violated the notice served on me u/s 149 by informing other residents on whatapp and told me not to repeat. How come the police serve me a notice under 149 even without doing any investigation about the facts. Both sections 504 and 352 are non-cognizable. How can I deal with such intimidation tactics used by police in collusion with my neighbour? How should I challange this wrongful notice?

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Guest (Expert) 24 November 2016
Seems to be a hypothetical academic query.

prasad (Querist) 25 November 2016
This a real case. Please help.

Guest (Expert) 25 November 2016
Mr. Prasad,

If real case then either description of your problem is faulty, or not giving full facts.

You have stated, on the spot served me a notice u/s 149 of CrPC and told me not to indulge in any fights with them" and also stated, "Next day I left for Jordan for business trip. meanwhile I updated other residents of the society on common society whatsapp group about the incident and they expressed shock and concern."

But where the question of fighting arises by virtue of updating other residents through APP?

Can you reproduce the extract of notice u/s 149, which the police handed you over, for examination by experts to help arrive at some conclusive opinion?

Guest (Expert) 25 November 2016
Well Attended by Senior Expert Mr.P.S.Dhingra

Rajendra K Goyal (Expert) 25 November 2016
Full case file / documents need to be referred, discuss with your lawyer.

Guest (Expert) 25 November 2016
Dear Shri NJS Rajkumar,

Thanks for your appreciation.

R.K Nanda (Expert) 25 November 2016
consult local lawyer.

Kumar Doab (Expert) 25 November 2016
Record all such acts :'scratching my car, throwing stones and spitting aimed at me or my kids). When I went to complain, the lady started shouting at me'.....

"How can I deal with such intimidation tactics used by police in collusion with my neighbour'

Consult your own local counsel at your location.