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Simar (na)     14 September 2011

Harassment from police on the behest of boy's family

I read the questions and answers of people in this forum and was motivated to post my issue on this forum for opinion. Your opinions and answers will be very appreciated.

My family is in a situation that never occurred before and of which we have no experience. My sister was maltreated and abused by her husband and the in-laws. She filed a divorce, maintenance and child custody case in court. The boy’s family is very vindictive and has taken to harassment of our family by lodging two false police complaints against my father and sister. We think that they are ‘friends’ (bribed) with the local police and are misusing them for harassing us and putting pressure on us to agree to their terms.

Due to the false complaints, my father is getting calls from police guys pressurising him to come to police station for a ‘samjhauta’ (agreement) with the boy’s family. All their calls are for pressurising us to do a ‘samjhauta’. My father has sent written replies to the false complaints. We have also lodged a case with human rights commission. However, the police are still calling my father.

My questions are:

-          How can we stop the police harassment (the pressure calls) immediately. Is there a provision in law to stop police from contacting us. We can deal with the judiciary and their processes. However the calls from police are a big harassment, and this is very disturbing for the whole family.

-          Some members have suggested (in other posts) that evidence should be provided to the court/commission. In our case, can we record the calls of the police guys ? Is it legal to record their calls of harassment and present that as evidence to the commission ?

Thank you very much in advance for your support.



Learning

 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 September 2011

You cannot stop police from calling your father.  If you said to any higher officer  or influencedpolice says we are investigating the matter.  But your father can write a lette to the IGP, Home Minster of state as well as Central and prime minister also., then there may be some changes.

You can record the police conversations, it is legal.

1 Like

Sanjeev (Lawyer)     14 September 2011

what are the sections in which cases are lodged by them.

Adv. Chandrasekhar (Advocate)     14 September 2011

1.  Your father and sister to give complaints to the higher police authorities clearly explaining the history of your  sister's cases filed against the boy and his family and how they have been harassing your family in the name of investigation.  You send them by speed post and keep the record.

2.  Your sister similarly should send the complaints to the State Women's commission and central women's commission with proper speed post acknowledgment.

3.  Keep the record of the complaints sent to State and Central human rights commission.

4.  Wait for 15 days to one month.  NOTHING WILL HAPPEN, I KNOW.

5.  Move the High Court under writ jurisdiction against the police.  Once court issues notice to the police department, your problems will vanish just like that.  Police stop to intervene into your matter.

Note:

In the scheme of criminal investigation, the police need not and should not take the accused for investigation purpose, without having court's permission. The women cannot be called to police station in the night hours.  If any complaintis made against your father and sister, the proper course of action before police is to study the complaint and conduct preliminary investigation without participation of accused (means your father and sister) and if they find that complaint is genuine, register FIR and arrest the accused.  If the chrges levelled against them are non-bailable,  then, the accused will be brought before magistrate within 24 hours.  The accused can ask and get bail.  If the police  want to interrogate, they have to take police custody permission from the magistrate.

So,do not worry.  do the five steps and once the matter will be taken up by the high court,  you will come out of problem.

If any further assistance is required, call me.

3 Like

Simar (na)     14 September 2011

Sanjeev Ji, I don't the sections. In fact the police guys have not even provided us a copy of the complaint. We got just some hint when the reader called on the phone and gave an outline of the complaint. We still don't know what the details of the complaints are. In fact the guy who came to deliver the summon was not even allowing my father to keep a copy for his record. They want to totally harass 'unofficially'.

Simar (na)     14 September 2011

Chandu Ji, thank you very much for your advice. I have stored your number in case need arises.

Simar (na)     14 September 2011

Chandu Ji,


Can I please ask:


- in writing the letter to the authorities what are the key points and key phrases that we must include ?

- how long can the court take to execute the order after you file writ ?

 

Thanks,

Simar

Simar (na)     14 September 2011

Also, should we start recording the calls received from police guys from now on ? Will that help ?

 

Regards,

Simar

Adv. Chandrasekhar (Advocate)     14 September 2011

Give in three lines about when and where the marriage happened and how much money was spent.

Give in six lines, the problems faced by the wife from the husband and his relatives - when and where.

In every separate para, give the brief descripttion of the complaint / case filed by the wife and enclose the complaint / petition of the case as annexures.

Describe how in-laws have been reacting about these cases and threats extended by them.  Also describe how as counter-blast they have been filing false complaints in the police station and how they are using police personnel for their vested interest.  Also describe how the police personnel have become tools in the hands of husband and his relatives and how they are harassing the wife and her father by calling into police station regularly and are forcing them to come to unjust settlement.

Ask the addressee to not only restrain the police personnel but also take strong action against the errant police personnel.

Recording you can do,  that may be used to some extent if possible. 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     14 September 2011

DEAR SIMAR,

IN ADDITION TO ADVICE GIVEN TO YOU, I WANT TO ADD THAT PLEASE TRACK THE NUMBERS FROM WHERE YOU ARE RECIEVING THE CALLS, IF YOU ARE RECIEVING CALL ON CELL THEN PLEASE NOTE DOWN TIME, DATE AND NO SIMILARLY IN CASE YOU ARE RECIEVING CALLS ON LANDLINE THEN GET CALLER ID PHONE TO TRACK MISCREANTS. YOU CAN GET THE COPY OF ALL COMPLAINTS AGAINST YOU THROUGH RTI.

REGARDS

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

1 Like

Simar (na)     14 September 2011

Thank you Chandu Ji.

 

Regards,

Simar

Simar (na)     14 September 2011

Thank you Rajiv Ji. I am very grateful for the support I have received.

Simar (na)     31 October 2011

Sometime ago, I had posted a question asking for opinion on what to do in the situation that my sister’s in-laws have lodged false police cases against my father and sister. I received great support from some lawyers on this website. Encouraged by that I am posting further developments. Opinion on what to do in the current situation will be very much appreciated.

Just to summarise what I had posted last time – my sister had filed for three cases in judicial magistrate’s courts – divorce, child custody (2.10 years old child) and maintenance. Then a few months later, there was reconciliation. But the boy’s side went back on the agreement. Instead he started threatening our family. So my sister filed the three cases again.

These are the events in brief:

 

At the time of posting the issue on this website:

1. The boy’s family got the boy’s uncle to lodge a false police case against my father.

2. The boy’s mother lodged a false police case against my father and sister.

 (The pressure calls from police have stopped).

After the issue was posted:

3. The boy has filed a false court case against my father and sister.

4. Lately, the boys’ father has lodged a false court case against my father.

 

They have used their family members plus a relative in building false cases against my father and sister.

 

This is what we have done in defence:

a. Filed harassment complaints (for the two false police complaints) with the state human rights commission. The commission has taken the cases. The first hearing is next month.

b. Filed court case (in judicial magistrate’s court) against the boy’s uncle for building a false police case.

 

Obviously boy’s family is misusing law to create hurdles in maintenance and custody and to harass us. To them, lodging false police complaints and false court cases is like buying groceries.

 

We had kept our cases to a simple minimal. Our purpose is to get what we legally deserve – maintenance, child custody and maintenance without filing false cases and without writing lies. However, the boy’s family’s does not have the same view. They believe in building false cases and causing us maximum harassment. Therefore, I am back to this forum for opinion and support. What can we do to make the boy’s family fear law and to send them the message that we are simple but certainly not quitters.

Though it does not directly relate to cases, I will mention that the boy’s brothers have been to jail once. For them lying and lodging false cases is an ordinary thing. However, it does cause us harassment.

My questions are:

1.       (i) What should we do to deter the boy’s family from lodging false cases ? As you can see, our approach so far has been defensive. At the same time, what we do should not bring too much additional botheration for us. We are already dealing with 9 cases. That is more than enough for one man to handle, which is my father.

2.       (ii) The boy’s family has lodged all cases in their home town (the police case lodged by boy’s uncle is in his hometown). We have been advised strongly not to travel to their hometown. Also in the reply to police cases we have said that there is risk to our lives in travelling to the boy’s home town and that we have not visited their home town since the girl and the boy separated. They have falsely claimed in their cases that my father and sister visited their house and harmed them. Can we get the cases 3 and 4 transferred to our city by filing a case in high court ?

3.       (iii) How can we highlight to the court that the boy’s family is continuously lodging false cases (average one false case every month) ?

**Victim** (job)     01 November 2011

@ Simar you can't stop boy's family filing cases against you and your family although if boy's family is filing false cases then burden lies on them to prove it. It's easy to be criminal rather then be a complainant.


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