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Vipul Popli (NA)     28 October 2014

Advocate misusing his powers.

Dear Friend,

 

I would request you to please provide a legal guidance as one of my friend's father has gone under severe depression. 

The incident begins with that Mr. X(I don't want to reveal his name) used to stay on the 1st floor in Delhi and Mr. D used to stay at 4th Floor(Top Most). Now Mr. D has installed a gate in the common stairs which the entire society was using and has locked it so that no one can go on the stairs. But as per the registry of Mr. X its clearly mentioned that they have right to go on the roof for Water Tank & Other Activities. 

After that Mr. X & D had some argument and Mr. D immediately called the police and stated that Mr. X has torn the Top of Mr. D's wife and has beaten him. Police investigated the matter and found that Mr. D has made a false complaint against Mr. X and refused to register and FIR. Now Mr. D whos father is an advocate has submitted a complaint against Mr. X and Local Police that they have taken bribe. He has also made other false complaints which all were found bogus by Local Police on investigation. As a result Mr. D's father has raised 4 complaints against Mr. X under Section 156(3) and has requested the court to direct the police to register an FIR. Police has submitted the report in the favor of Mr. X and has told court that all the allegations of Mr. D are baseless. 

After that Mr. D's Father has send letters to Various ministries and Mr. X's office stating that is  taking heavy bribes, and he has huge amount of property and runs a s*x racket. Where as Mr. X is an govt employee and is reputed decorated officer and has served Indian Government from last 29 years with values & quality.

 

Mr. X has also made a request to court under civil to stop Mr. D from going on the roof which is under mediation and from last 9 times Mr. D is not coming for Mediation.

Can you guys please suggest me the way to stop Mr. D's father who is an advocate and is misusing his power.

What course of action Mr. X can take against Mr. D and his father.



 2 Replies

Saurabh..V (Law Consultant)     28 October 2014

@Author

 

It is a sad story indeed. Crooked people are born to create nuisance around them. These people cannot be tackled with verbal mediation or deliberate counselling.

 

It is expedient that Mr. X takes the charges and with the help of a local lawyer, file writ petition in Delhi High Court to quash all proceedings on-going in lower courts. The clear base of this writ would be the report from police deptt and his absence since last 10 dates.

 

Law of the land exists to protect and not to injure the victim. Mr. X being the victim in this case has all the right to get immediate relief in his favor.

 

All the best!

 

//peace

/Saurabh..V

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 November 2014

I agree with Mr. Saurabh.

 

Please file writ petition (Article 226) with Indian Evidence Act 1872.

 

You can do it in-person (Without lawyer) also.

 

Sample writ petition can be found in the following link.

You need to download and modify it as per your case.

 

Good Luck!

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.VFTP6VeDVdg


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