Molestation and tresspassing.
GOYAL PRADEEP
(Querist) 29 May 2012
This query is : Resolved
RESP SIR.
WE WERE STAYING IN DDA FLAT AT 2ND FLOOR.THE 3RD FLOOR NEIGHBOURS DID UNAUTHORISED CONSTRUCTION WHICH DAMAGED OUR FLAT BELOW TO THE EXTENT THAT WE WERE COPELLED TO LEAVE THE HOUSE.THOUGH ON OUR CONTINUOUS FOLLOWUP FOR YRS WITH ALL THE CONCERNED AUTHORITIES THE UNAUTHORISED PORTION WAS MADE UNUSABLE.THIS PROVOKED THEM AGAINST US.THERE IS A COMMON TERRACE AT 4TH FLOOR WHERE WATER TANKS & TV DISH ETC OF 10 FLAT OWNERS ARE PLACED.& AN IRON LADDER IN THE SHAFT IS PROVIDED TO HAVE ACCESS BY THE OCCUPANTS TO COMMON TERRACE AT 4TH FLOOR.NEXT DAY (MORNING ) TO DEMOLITION BY MCD THERE WERE ABNORMAL SOUNDS OF HAMMER FROM THE UPPER FLOOR.I ASKED MY SON TO GO UPSTAIRS THROUGH IRON LADDER TO CHECK WHAT WAS GOING ON.HE FOUND FROM THE 4TH FLOOR COMMON TERRACE THAT THE OCCUPANTS USING HAMMER & A CHHENI TO MAKE HOLES IN THEIR TERRACE AT 3RD FLOOR TO MAKE WATER FLOW IN OUR HOUSE BELOW.SUDDENLY THE SON;DAUGHTER;& THE FATHER CAME ON THE 4TH FLOOR TERRACE BOUNCED OVER MY SON FOR WHICH MY SON WAS NOT PRPARED & SO TRIED TO REMOVE HIM FROM THEIR GRIP & RAN TOWARDS IRON LADDER.THEY USED WOODEN STICKS TO ATTACK HIM & THREW STONES.SOME HOW THE SON CAME DOWN & MY WIFE LODGED A POLICE COMPLAINT AT 100.& THEN TO P.STN.IN THE EVENING THE WIFE OF THAT 3RD FLOOR OCCUPANT CAME FROM OFFICE & LODGED A FALSE COMPLAINT WITH THE POLICE THAT OUR SON HAS ENTERED HER HOUSE & MOLESTED HER DAUGHTER.THE POLICE DID NOT BELIEVED HER.SO SHE FILED A FALSE CRIMNAL CASE OF MOLESTATION & TRESSPASSING AGAINST OUR SON.THE CHARGES OF MOLESTATION WERE DROPPED IN THE COURT AS THE WITNESS WERE FALSE.IT IS ABOUT 2 YRS BACK.NOW SHE & HER ADVOCATE ARE GETTING DATES EXTENDED BUT NOT RESPONDING TO OUR CONTENTION THAT IT IS A COMMON TERRACE & SO NOT TRESSPASSING SINCE >1YR.HOPEFULLY IT WILL ALSO BE DROPPED SOON.
OUR POINT IS WHETHER OUR SON CAN FILE A SUIT FOR DAMAGES AGAINST ALL CONCERNED FOR FALSE ALLEGATION OF MOLESTATION AGAINST HIM PROVED WRONG IN THE COURT OF LAW.?. IT WILL BE A CIVIL SUIT OR A CRIMINAL SUIT?IS THEIR ANY PERIOD OF DEBAR?OR CAN BE AT ANY TIME FILED.?
PL GUIDE US. AS HE IS FEELING VERY BAD ABOUT IT THOUGH WE HAVE LEFT THAT FLAT LYING VACANT.AND SHIFTED TO SOME OTHER PLACE. AS WE HAD FEAR TO THE LIFE OF OUR FAMILY MEMBERS.AFTER THE INCIDENCE.
NOT TO BE QUOTED THAT FAMILY IS .......?CAN GO TO ANY EXTENT.?
BUT TO BRING OUR SON OUT OF MENTAL AGONY WE WISH TO FILE THE SUIT.
PL GIVE YOUR LEGAL ADVICE PL.
REGARDS.
PROMILA.
Adv.R.P.Chugh
(Expert) 29 May 2012
If the charges have been dropped - then you can file civil case for damages for malicious prosecution and defamation - the same remedies are also available in criminal law (which might entail imprisonment for them) are defamation - 500 IPC, False complaint to police . S.182/211/203 etc.
ajay sethi
(Expert) 29 May 2012
your son has been vindicted . case has been dismissed . now why you want to waste money on litigation ?
if you file case it will further worsen your relations . they may file more cases against you . all the time you will be running around courts only and sepding money on legal fees .
if you file suit for damages it takes 20 years to be disposed of atleast in mumbai
K.K.Ganguly
(Expert) 30 May 2012
You can very well go for criminal case alleging defamation.
GOYAL PRADEEP
(Querist) 30 May 2012
RESP & DEAR SIR.
THANKS FOR THE GUIDANCE.
OBLIGED.
REGARDS.
Shonee Kapoor
(Expert) 30 May 2012
I disagree with Ld. Sethi, you should file for malicious prosecution and civil and criminal defamation.
Only the inaction of good men has strengthed the vicious.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
GOYAL PRADEEP
(Querist) 30 May 2012
THANKS MR.KAPOOR FOR GIVING ME STRENGTH & SHOWING THE ACTION TO BE INITIATED AT OUR LEVEL.
GOD/PARENTS HAD BLESSED YOU WITH A LOVELY NAME.
BUT THE EMAIL ID HAS SOMETHING CONTRAST.IT IS FOR THE ADVOCATE MR.KAPOOR OR FOR VICTIM LIKE US.?
SORRY;NO RIGHT;BUT OUT OF CURIOSITY ASKED.!
PL EXCUSE.
GOD BLESS YOU.
THANKS & REGARDS.
P.GOYAL.
