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samson daniel (webdeveloper)     18 May 2013

Chapter case filled by owner deliberately

 

The owner of the building has deliberately filed Chapter Case in the police station on me troubling his wife. Woman’s complaint with taking signature of other tenants of the Building. 

After my father death the owner has not accepted rent and henceforth I approached Kalyan Court and paid the rent. The owner of the building is not approaching the court but filling false complaints against me. The case being civil he is filing criminal case. 

WHAT IS CHAPTER CASE DO I HAVE TO SIGN A BOND DO I HAVE TO GO TO THE POLICE STATION THE POLICE HAD TAKEN MY SIGNATURE ON SOME LETTER MY ADVOCATE TOLD ME NOT TO WORRY. BUT I HAVE BEEN CALLED ON 24-05-2013



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 May 2013

 the nature of the complaint lodged by the two parties is such that one party openly does injustice to the other party by taking advantage of the lacunae in law. The party which faces such injustice, naturally, goes to the police station to lodge a complaint against the party doing injustice. Such complaints are registered by the police as ‘incognizable’. This gives protection to the party that does injustice, under the law. The aggrieved party continues to lodge complaints about the offences taking place against them with the police. At such time, it becomes difficult for the police to take side of the party doing injustice. In such situation, the police sometimes, furnish a report to the sub-divisional Magistrate, under clause 107 of the Criminal Procedure Code (CrPC) either against both the parties or sometimes against the aggrieved party (Plaintiff), for filing a ‘Chapter’ case. The police request the sub-divisional Magistrate to take action against the concerned party under clause 107 of CrPC i.e. police file ‘chapter’ case against that party.

Prafulkumar Gupta (Advocate)     18 May 2013

Just believe your Lawyer, the chapter proceeding is described in Chapter VIII of Cr. P. C. from section 106 to 124. The chapter proceeding is one type of preventive procedure under which the police authority can take bond from a person to whom they suspect that he/she may cause any cognizable offence in future. So please do not worry if the authority had given you a notice Under Section 107 of Cr.P.C. but seriously feel worry if they do it under section 110 of the same as this section is of serious nature and the authority may detain you for somewhile. Best luck to you

samson daniel (webdeveloper)     20 May 2013

Thank You but i do not know anyone who can take my Surety Bond relatives can not give surety Friends are frightened and they want only a government employee to give surety what should I do iam helpless.


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