There is dispute between my family and my brother regarding property. HE is evicted by my parents due to his criminal activities and my parents also made "will "in which they named me as their heir . Since then my brother is threatening us , breaking in our house .Three times he broke in our house and we complained at helpline 100 . Each time police comes and take both parties to police station.In one case , station incharge took bribe from us even when we were victim and released my brother and didn't wrote our FIR . We complained this to higher officials . Now police has sent chalani report to DM , who in turn sent us notice of magistrate under CrPc 107/116 (shanti vayvastha bhang) gave us the reason that your property dispute matter is of family matter and you both can indulge in serious crime in future.A bond of 50,000 and one year time is mentioned.
Sir,Ma'am , please help me to understand,
(1) we have not commited any crime , each time my brother attacked us we defended by reporting to police. Why Notice was sent to us . Does same notice is sent to other party also.
(2) On the day when we have to be present against magistrate court in 107/116 , can we plea to DM that all charges against us are false.Will we be convicted on that day.
(3) Can I file a case against city administration and police to abolish the DM order ?
our freedom is lost and police are not filing FIR. Now in fear that brother can attack us any time we always keep our door closed and only come out of house when necessary , no action is being taken against him.Police can misuse 107/116 since now brother can any time act against us and both of parties will have to go to jail.I always had a feeling that local police is bribed by my brother hence they support him.
please suggest how can I defend me and my family against 107/116