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Shailesh (Businessman)     13 December 2014

Neighbour parks his bike infront of the van, ipc341 guilty??

My society President (45 year old) who is also my neighbour on my complaint asked the school van driver (who is about 19-20 years old)  to meet him as he had to explain him to drive carefully as he had never slowed down on the speed breaker and drives in wrong lanes, also splashes swamp on the passerbys. However, the driver never turned up.

 

Few days later, the Society President saw the school van driver exiting the gate and he drove his motorcycle and when it came to a halt to offload a student then he parked his bike infront of the school van and asked the driver to give his owner's details. The driver boastfully said that his name is such and such and his name would suffice as to who he is.

 

The Society President started beating him up and kicking him all over with abuses and the cops came. The only charge which they filed against the Society President was IPC-341 which is wrongful restraint as he had parked his motorcycle infront of the school van?

 

Is the Society President guilty of wrongful restraint i.e. IPC-341?



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 3 Replies

Hardeep (Business)     13 December 2014

Will depend upon the complaint made by the driver/ witnesses and how much of it was prima facie evident by the facts.

T. Kalaiselvan, Advocate (Advocate)     15 December 2014

The society president cannot manhandle the driver of the van, if he has got some grievance against him, he can take legal action by complaining about him and his attitude with his employer.    If he had obstructed his way and restrained him from proceeding, the charges made against him will have to be answered by him.

Shailesh (Businessman)     16 December 2014

T. Kalaiselvan, Advocate

 

Can you answer this query also ---> https://www.lawyersclubindia.com/forum/If-u-think-tht-im-guilty-of-ipc-341-ans-ques-else-dont-ans-112855.asp#.VI90lNKUdrw ?


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