FIR II

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
Mr. X used to lived at 3rd floor in an apartment. The apartment is 4 storeyed building.Mr. X purchased the flat from the developer. The ground floor and first floor is occupied by the landlord. Landlord has 5 children. Mr. X is given the responsibility after mutual consent of all the flat owners but not of the landlord to collect the maintenance charges from the flat owner as well as the landlord to meet the general expenses incurred or to be incurred on building. Landlord want that the responsibility should given to him in spite of he didn’t pay any maintenance charges till that date. So all the other members of the building didn’t gave the said responsibility to landlord as there was huge amount of due in his name for maintenance charges. So there is no mutual understanding between Mr. X and the Landlord. After a couple of month of that incident sons of the landlord started harassing Mr. X and his family. Before the occasion of Saraswati Puja on January, 2010 after some mutual understanding (urgument) between Mr. Y (younger brother of Mr. X) and Mr. Z (son of landlord). After that Mr. Z call Mr. Y downstairs and they (group of people with sons of landlord) started physically tortured on Mr. Y and then after Mr. X made a complaint to the nearest police station but they (police) didn’t take any action due to puja occasion. However Mr. X was not bother about and started living peacefully. But again as Mr. X has two motorcycle which he used to park downstairs in front of the building. Sons of the landlord always tries to harm the motorcycle of Mr. X. Sometimes they cut the seatcover of the motorcycle, sometimes they used to took out the looking glass of the motorcycle and sometimes and sometimes they put sand in the the silencer pipe of the said vehicle.
By this situation Mr. X is not able to live comfortably so he made an FIR to the nearest Police Station.Police made the FIR But won’t take any action, given the assurance that they will asked to PC party to take a round of that are and said that Mr. X should provide the evidence.Mr. X says that these things are done for the only reason of that Mr. X holding the responsibility of cashier. Is it feasible enough in this situation when the landlord is older residence of that area than Mr. X and Mr. X stays on the 3rd Floor.
Sir I am again repeating that Police demand evidence but how could Mr. X gather the evidence it is not possible that he forget his business and service and act as a watchman of the property and if he do so then are they mad they will do such thing in front of someone.
Please reply as soon as possible it is very urgent.

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Devajyoti Barman (Expert) 23 October 2010
If you are not satisfied with the conduct of the police officials and no step is taken so far in spite of registering the FIR then file a petition to the court of the Magistrate within whose jurisdiction the said police station falls asking for report of progress of the investigation.

s.subramanian (Expert) 24 October 2010
You move the High Court under Sec.482 Cr.P.C to direct the police to take action on your complaint.

Sarvesh Kumar Sharma Advocate (Expert) 24 October 2010
contect/approch to senior officer of police with application and affidevit regarding yr case.

Devajyoti Barman (Expert) 24 October 2010
The High court has power to direct the police to take appropriate action is under Article 226 of the Constitution. However, if a case is pending then the high court is loath to pas such directions.

FIR II

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