Crpc 107/116


There is dispute between my family and my brother regarding property. HE is evicted by my parents due to his criminal activities and my parents also made "will "in which they named  me as their heir . Since then my brother is threatening us , breaking in our house .Three times he broke in our house and we complained at helpline 100 . Each time police comes and take both parties to police station.In one case  , station incharge took bribe from us even when we were victim and released my brother and didn't wrote our FIR . We complained this to higher officials . Now police has sent chalani report  to DM , who in turn sent us  notice of magistrate under CrPc 107/116 (shanti vayvastha bhang) gave us the reason that your property dispute matter is of family matter and you both can indulge in serious crime in future.A bond of 50,000 and one year time is mentioned.
Sir,Ma'am , please help me to understand,
(1) we have not commited any crime , each time my brother attacked us we defended by reporting to police. Why Notice was sent to us . Does same notice is sent to other party also.
(2) On the day when we have to be present against magistrate court in 107/116 , can we plea to DM that all charges against us are false.Will we be convicted on that day.
(3) Can I file a case against city administration and police to abolish the DM order ? 
 our freedom is lost and police are not filing FIR. Now in fear that brother can attack us any time we always keep our door closed and only come out of house when necessary , no action is being taken against him.Police can misuse 107/116 since now brother can any time act against us and both of parties will have to go to jail.I always had a feeling that local police is bribed by my brother hence they support him.
please suggest how can I defend me and my family against 107/116
Thank you.

 
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Generally 107/116 is imposed on both the parties and the person has to sign a bond keeping peace, person need to be presented on dates for 6 month or one year once in month.

The challan under 117/16 says person need tell reason why he  should not furnish sureties. But practically they will ask you come up two sureties for each person.

Feel free to cal for any clarification 9456777600

 
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Hello Mr. Deepak As you have told that police is not registering your Fir in that condition you have also other better options to get registered you complaint Now we talk about section 107/116 of CrPC these sections are preventive in nature not punitive and police imposed these sections and duty to the both parties but not worry about these proceedings these will last for 6 months only Feel Free For Better Consultations : Call me any time : Advocate Alok Mahur Ch-150 Civil Court Ghaziabad M- 7503885968
 
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