Harassment caused by neighbours
ankur mahendirata
(Querist) 08 September 2011
This query is : Resolved
Dear Sir,
My neighbor is harassing me for the last 7 years, he had made attempts of murder on my husband twice but by God grace he is saved, now a days that person is daily chasing my son whenever he is going to his work and noted down the vehicle No and passed the instructions to his aides to kidnap him and openly declared in the locality to get ready ransom amount for your son. I made several written complaints to Commissioner and SHO, Commissioner had booked the case but No action has been taken by the Police till date. Under such circumstances under which law that notorious person can be booked or under which law his arrest can be made on the basis of my complaints. Or there is no law to punish such persons and we have to take wrong step to control that person. Please advice. Shall I report this negligence of Police to NHRC or file a case against Police or both. Pl advice.
Devajyoti Barman
(Expert) 08 September 2011
Engage a lawyer and file a petition u/s 156(3) of crpc in the court of Magistrate detailing all his illegal acts. The Police thereafter would be bound to act.
PARTHA P BORBORA
(Expert) 08 September 2011
You may file an application under Sec-107 Cr.P.C before a Magistrate stating your apprehensions and threats. In that situation Court will direct him to execute a bond for keeping the peace for a certain period of time not exceeding 1 year.
M/s. Y-not legal services
(Expert) 08 September 2011
Commissioner and sho booked the case but no action taken by the police mean? Whether case has been registered or not?
M/s. Y-not legal services
(Expert) 08 September 2011
Since already you lodged a complaint, also no effective steps taken by the police. So my advice is just file a petition before high court to direct the respondent to provide police protection to your individual safety..
Advocate M.Bhadra
(Expert) 08 September 2011
Lodge a further diary to the Police then file a case u/sec.107 Cr.P.C, in the Magistrate Court.
SANJAY GUPTA
(Expert) 09 September 2011
Since you are expecting a criminal act by your neighbour, you can get relief under any of the sections of IPC because IPC deals in the offences already committed by the accused person, so it is better to file case u/s 107 cr.p.c wherein you may get an order of restrain from the court to the O.P. To submit bond for commission of any criminal act in between 1 years.
Kiran Kumar
(Expert) 11 September 2011
as an interim measure proceed under S. 107 Cr.P.C
and thereafter keep on collecting evidence against him and file a proper complaint against him under S.156(3) Cr.P.C
