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Selvam (Others)     21 September 2009

Need Advice

A Complaint was lodged in the Police Station and the police has not immediately taken action and thus the evidence has been destroyed by the opponents. After some time the complainant approached the police then a P.C made an inquiry it was found that one person has involved in the misdeeds. Then the P.C. asked the complainant to go peacefully as they are being neighbours. Then another accused who destroyed the evidence and was out of station has come to know that the complainant made one accused was inquired by the police after bribing the police made complainant to come to the police station and got forcefully written a statement in which the complainant used the wording, “It appears that anonymous telephone calls are received from both side. If any such calls comes again action may be taken against him or the person involved" The Police who took the statement refuse to give acknowledged copy of the statement to the Complainant but the Complainant simply copied the Statement made out to the Police. Later the accused in all three made scathing remarks and made fun of the Complainant which engulfed into a quarrel and the same had be recorded by the Complainant, Having come to know that they collected the street people and manhandled the complainant. The Complainant made medico-Legal document though it was a minor injury but it damaged the image of the Complainant. So the Complainant made another complaint to the police but no action has been taken, In the meanwhile the accuse sent abusive SMS sent to the complainant through some unknown person and also some more anonymous calls, of course this was done in another wireless set telephone since the earlier landline connection has been cut off at the request of the Complainant. Now all SMS and other anonymous call were given to police for inquiry but no action was taken for three/four days. Since the Complainant belongs to Scheduled Caste he approached the NCSC at Delhi. This case has been taken up and went on for three years. During the investigation the police gave misleading Report and the rejoinder of the complainant has not been replied giving contradictory statement. All are in the records of the NCSC. In between the after the demise of the Chairman of the NCSC an new Chairman was appointed who in the beginning tried to evade the case by asking the Complainant to approach the Court but the Complainant took it for granted that he was referring to his own court went on giving application for delay in the investigation and again a fresh inquiry stared and this one also gave misleading Report. The Complainant gave rejoinder to the Police report citing the lapsed and contradictory statement from the Police Report and requested for fixing of hearing by calling the higher authority of the Zone, The contradictory statement and incoherent points from the Police Report has also been pointed out by the Officer in charge of the Case in the NCSC. But to a grater surprise that particular Higher  has not come -- the Complainant’s Rejoinder has not been sent to the Police this time-- the Chairman asked for witnesses from the Complainant. As no witness could be produced by the Complainant the Chairman dismissed the Complainant by over looking the recoded evidences,  digital photographs which have been destroyed by the accused, video clipping, SMS Messages, Anonymous Calls and told him to approach court and not to waste their time. Now What the complainant has to do further to pursue the matter and after wasting almost three years in the NCSC he was turned away. Is there any justification? Please advice.

 


Learning

 3 Replies

Nasiruddin (lawyer)     26 October 2009

I want to join a law firm but I m totally fresher and als law graduate in 2006.

how much they pay? and what is the procedure?

Sachdeva (others)     26 October 2009

Mr. Nasiruddin, u r a lawyer. I dont know either you r unable to comphrehend the case details or pretent to be. Need of a Lawyer and seeking his advice does not come in confirmity with your reply to " Need Advice" Since u could not understand this much, I really don't know how u r going to be a Lawyer. Please re-read the subject and take up follow-up of the case.

Daksh (Student)     11 December 2009

Dear Nasiruddin,

Firstly make up your mind where you intend to see yourself after next 5 to 10 years - what I mean is being raw you have to learn the tricks of the trade i.e. Drafting, Court procedure, Court Craft etc.  You have also to choose the area in which you need to develop your expertise (Corporate, Civil Criminal, Revenue, Commercial litigation, Trade Marks, Copy Right Patent Etc.)  Based on above do your home work ask your near and dear ones for references and then plunge into this Noble Profession.  All the best in your future endevours. God bless

Best regards

Daksh


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